Summary: We will not investigate this complaint about an adult social care assessment. There is not enough evidence of fault by the Council, even though the complainant disagrees. It is unlikely we would add to the Council’s investigation or reach a different outcome. The complainant wanted a reassessment; the Council already offered this if the person using the service agreed.

The complaint

1. Ms D says the Council completed a flawed care needs assessment in June 2025. Ms D says her relative, Mr E, does not have capacity to complete the process, and the Council failed to include relevant family members and care workers in the assessment. Ms D says this resulted in a large cut to Mr E’s care support, which does not meet his needs. Ms D would like the Council to complete another assessment.

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The Ombudsman’s role and powers

2. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended). Mr E has consented for Ms D to raise the complaint for him.
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.
8. I considered the Care Act 2014 and Care and Support Statutory Guidance.

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My assessment

9. The Ombudsman is not an appeal body. We cannot challenge the Council’s decision unless there is fault in its decision making. In this case, I am satisfied the Council has taken the right steps to complete its Care Act assessment of Mr E’s needs. The Council was satisfied Mr E had capacity to decide about his care needs. The Council met with him and his care provider and sought information from relevant family members before completing its assessment. I understand Ms D disagrees, however this is not evidence of fault in the Council’s decision or the way it has investigated.
10. The Council offered to meet with Mr E if he was unhappy and it could then consider a reassessment. An Ombudsman investigation would not add anything further. The Council should now have completed an annual review of Mr E’s care support to check it is meeting his needs. The care provider would also be expected to alert the Council if the care package was not meeting the persons needs.

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Final decision

11. We will not investigate Ms D’s complaint because there is not enough evidence of fault by the Council. We would not add to the Council’s investigation or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman