Darlington Borough Council (22 006 203)

Category : Adult care services > Charging

Decision : Closed after initial enquiries

Decision date : 31 Aug 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about how the Council managed Mr X’s care and support needs. This is because an investigation could not add to the Council’s investigation and because it would not lead to a different outcome.

The complaint

  1. Mr X complains about how the Council managed his care and support needs. He complains:
    • His social worker failed to fully respond to his emails and concerns.
    • There was poor management of his case which led to no progression.
    • His support plan was not appropriately reviewed following his discharge from hospital.
    • The Council failed to provide an appropriate level of service to meet his needs.
    • The Council transferred him to the mental health team instead of the older persons team.
    • He received invoices when he was told he would not receive any.

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The Ombudsman’s role and powers

  1. The Ombudsman investigates 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 an investigation if we decide:
  • 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))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We have previously considered a complaint by Mr X regarding not receiving appropriate care and support, being inappropriately referred to the mental health team, and for being charged for services he should not have to pay for. We decided we would not investigate Mr X’s complaint as it was not proportionate as an investigation would not add to the investigation completed by the Council or reach different findings.
  2. As we have already considered these elements of Mr X’s complaint, I will not consider or comment on these complaints. This is because we will not consider the same matters again.
  3. The Council appointed an independent investigator to consider Mr X’s complaints. The investigator did not uphold Mr X’s complaints about the social worker, lack of process with his care plan, and support plan not being appropriately reviewed following his discharge from hospital. The report outlined the evidence the investigator considered to reach their decision. There is no evidence to suggest the stage two investigation was flawed.

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Final decision

  1. We will not investigate Mr X’s complaint because there is nothing further an investigation could add. Further, it is unlikely an investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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