Summary: We will not investigate this complaint about the Council’s failure to carry out a Care Assessment. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Council has carried out an Assessment and is pursuing the matter further. It is reasonable for the complainant to engage with the Council for the assessment if she is not satisfied.

The complaint

1. The complainant, I shall call Miss K, complained the Council had failed to complete an assessment of her needs according to the Care Act 2014.
2. Before my consideration of her complaint, both Miss K and the Council advised the Council has now carried out an Assessment. Miss K is not satisfied with the outcome of the assessment.

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The Ombudsman’s role and powers

3. 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 or may decide not to continue with an investigation if we decide it would be reasonable for the person to ask for an organisation review or appeal.

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

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How I considered this complaint

4. I considered information provided by Miss K and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Miss K’s complaint because if it is reasonable for her engage with the Council for a review of her care assessment. She can ask the Council to add a copy of her views which she says highlight errors in the assessment and what she says she requires to her file.
   Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman