Summary: We will not investigate this complaint about the accuracy of Miss X’s needs assessment. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Miss X complains about the accuracy of her needs assessment. She says because of this, she is not entitled to a social worker or funding. Miss X also complains about poor communication. She says this has caused her significant distress. She wants clear communication, a point of contact and to be eligible for funding for one-to-one support.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council assessed Miss X in July 2024. It decided she did not have eligible care needs because she did not have significant difficulty achieving two or more care outcomes. In reaching this decision, the Council considered the support Miss X received from her family. It also referred her to a service to help her maximise her independence.
6. The Council considered Miss X’s needs before making its decision. There is not enough evidence of fault to justify an investigation. We cannot question a decision just because Miss X disagrees with it, if the Council followed the correct process, considered relevant information and explained its reasons. We do not decide what support someone should receive or act as an appeal body for council decisions.
7. While I understand Ms X is unhappy with the Council’s communication, it is not a good use of public resources to look at the complaints or communication issues if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

Back to top

Final decision

8. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman