Summary: We upheld Mr X’s complaint about the Council’s handling of his Care Act Assessment. The Council agreed to resolve the complaint early by paying Mr X a symbolic payment to acknowledge the injustice caused.

The complaint

1. Mr X complains the Council failed to provide an appropriate and professional service during his request for a Care Act assessment. He says the allocated social worker repeatedly missed and cancelled appointments, provided inconsistent information and communicated poorly. He says the social worker's conduct was unprofessional and aggressive. Mr X says these failings caused him significant distress and affected his mental and physical wellbeing. He says the Council's actions worsened his existing health conditions and reduced his ability to leave home, access support services and socialise. Mr X wants the Council to accept responsibility for the service failings, acknowledge their impact on him, explain how the failures occurred, and provide a suitable remedy.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended).

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. If we investigated this complaint, we would be likely to find fault in the Council’s delays in completing Mr X’s Care Act assessment.
6. In its complaint response, the Council accepted there had been delays and service failings. It apologised to Mr X and explained the service improvements it had made to reduce the risk of similar failings occurring in future. However, these actions did not fully remedy the distress, uncertainty, time and trouble Mr X experienced.
7. We therefore asked the Council to consider a financial remedy to acknowledge the injustice caused. To its credit, the Council agreed to resolve the complaint.

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Agreed action

8. To remedy the injustice caused, within four weeks of the final decision, the Council has agreed to:
• Make a symbolic payment of £200 to Mr X to acknowledge the distress and uncertainty he experienced.

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Final decision

9. We have upheld this complaint, and the Council has agreed to resolve it early by providing a proportionate remedy for the injustice caused to Mr X.

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Investigator's decision on behalf of the Ombudsman