Royal Borough of Kensington & Chelsea (24 015 641)

Category : Adult care services > Charging

Decision : Closed after initial enquiries

Decision date : 05 Mar 2025

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint on behalf of her father, Mr Y, about his adult social care support package. It is unlikely we would find fault in the Council’s actions

The complaint

  1. Ms X complained the Council decided to reduce Mr Y’s support package. She said his needs would not be met if he received less support. She wanted the Council to increase its support to meet Mr Y’s care and support needs.

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The Ombudsman’s role and powers

  1. 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))

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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. In September 2024, the Council decided it would alter the way Mr Y’s care and support package was provided.
  2. Ms X complained to the Council about its decision. She was concerned this meant Mr Y’s care and support was being reduced. She told the Council her father’s health had declined, and he needed more support and care to meet his needs.
  3. In October 2024, the Council wrote to Ms X to tell her that, in light of her concerns about its decision in September, Mr Y’s support package would remain unchanged. It said it would arrange for Mr Y to have a new assessment of his needs to see if he needed more care and support.
  4. In November 2024, the Council started an assessment of Mr Y’s care and support needs.
  5. We will not investigate Ms X’s complaint. After Ms X raised concerns about Mr Y’s care package, the Council responded to her concerns by pausing any changes to his care. It then arranged for a new assessment of Mr Y’s needs to see if his care package needed to be changed to better meet his needs. The evidence at hand shows the Council considered Ms X’s concerns and acted on them. Therefore, if we were to investigate, it is unlikely we would find fault.

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Final decision

  1. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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