Summary: We will not investigate this complaint about the Council’s decision to review Mr X’s care plan. This is because there is not enough evidence of fault.

The complaint

1. Mr Y complains the Council insisted on reviewing Mr X’s care plan before deciding whether to change his package of care.

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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. (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 Mr Y and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Government publishes “Care and support statutory guidance”. This says a council should review a person’s care plan if their circumstances have changed in a way that may affect the efficacy, appropriateness or content of the plan.
6. The Council provides a package of care to Mr X of approximately 36 hours.
7. Mr Y told the Council Mr X’s needs had changed and he now wanted to use some of his care hours to employ agency carers using a direct payment.
8. The Council told Mr Y it would need to review Mr X’s care plan to reflect the change and then decide whether to approve it. The Council’s decision to review the care plan is in line with statutory guidance. There is not enough evidence of fault.

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Final decision

9. We will not investigate Mr Y’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman