Summary: We will not investigate Ms X’s complaint about the care plan provided by the Council, or its decision to not make Direct Payments to her husband. There is not enough evidence of fault by the Council, and any resulting personal injustice is not significant enough to warrant further investigation.

The complaint

1. Ms X complains the Council failed to provide her with a suitable care assessment and support plan despite her repeated requests. She says the care support plan proposed did not meet her needs or consider the wider family situation. Ms X says the situation has caused her unnecessary stress.

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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.
• Any fault has not caused injustice to the person who complained.
• Any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

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

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My assessment

5. Ms X complained the Council failed to properly assess her care needs quickly. The Council explained that an initial assessment was carried out, and that Ms X did not agree it reflected her needs. A further assessment was carried out considering information provided by Ms X. The Council recognised there was some delay with a change of the social worker. However, I do not consider the resulting personal injustice significant enough to warrant further investigation as Ms X ultimately decided not to go ahead with the resulting care package.
6. Ms X complained the Council’s proposed care and support plan did not meet her needs, leaving her without suitable support for an extended period. The Council assessed her needs and offered a care plan. When Ms X provided more information, it carried out a further assessment and amended the plan accordingly. I have not seen enough evidence of fault in the way the Council assessed Ms X’s needs or developed the care plan. While Ms X did not consider the plan suitable and chose not to accept it, she could have accepted the support and requested changes if needed. The Council has confirmed the care package remains available should Ms X wish to access it. There is not enough evidence of fault by the Council in the support it has offered to Ms X.
7. Ms X says the care plan was unsuitable because it involved carers visiting her home, which she felt would be distressing for her son and daughter. However, I am satisfied the Council considered Ms X’s concerns and explained why it would be appropriate for carers to provide support to Ms X at home. There is not enough evidence of fault in the way the Council decided on the care and support plan offered to Ms X.
8. Ms X says the Council should pay her husband with Direct Payments to be her carer during this time. The Council explained that Direct Payments are only paid to family members in exceptional circumstances and that those circumstances did not apply in this case. There is not enough evidence of fault by the Council in how it reached this decision.

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Final decision

9. We will not investigate Ms X’s complaint there is not enough evidence of fault by the Council, and any resulting personal injustice is not significant enough to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman