Summary: We will not investigate this complaint about the way the Council restructured the delivery of an adult social care provision. This is because we could not add to any previous investigation and further investigation would not lead to a different outcome.

The complain

1. Mr X complains the Council restructured the delivery of an adult social care provision. Mr X says that people who previously used the service were no longer able to, and that this was discriminatory. As a result, this led to a loss of necessary support for service users and impacted their wellbeing. He would like the Council to review its complaints procedure and engage with service users to implement changes and check on their wellbeing.

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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:
• 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), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. In response to Mr X’s complaints, the Council commissioned an Independent Investigator. Their report identified the Council had not properly considered its public sector equality duty when it had redesigned the service. It also found the Council’s communication with service users about changes to the service was poor. The Investigating Officer made a number of recommendations.
6. Mr X says that historic service users no longer have access to the provision, and that the Council has stopped responding to their complaints. The Council say that service users were offered alternative provisions and that it has met with them to try and resolve their issues. It says this is an ongoing process, and that further meetings are planned.
7. It is clear from the evidence that the Council have corresponded with Mr X about his complaints for a significant period. In addition, the Council appointed an Independent Investigator to consider these complaints. The Independent investigator found fault and made recommendations. We could not add to the Independent Investigators findings. And, as they have made suitable recommendations, further investigation of these complaints would not lead to a different outcome.

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Final decision

8. We will not investigate Mr X’s complaint because we could not add to any previous investigation by the organisation and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman