Summary: We will not investigate this complaint about adult social care. We are satisfied with the actions the Council has taken in response to the complaint. It is unlikely an Ombudsman investigation would achieve anything further than the apology and offer to assess needs the Council has already given.

The complaint

1. Ms D says the Council withdrew services from Mr E after 20 years without any consultation. This has affected Mr E’s behaviour and caused distress for Ms D and the family. Ms D wants the Council to restore the previous service and properly consult in future.

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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))

3. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

6. Mr E is an adult with a disability, living independently. The Council is not providing Mr E with a care package as he did not have eligible adult social care needs. Mr E was supported voluntarily in the community from a charity.
7. The Council used other agencies, such as this charity, to provide preventative support in the community such as managing bills. The Council consulted with these service providers about making changes to the contracts. The charity then told Mr E it could no longer support him with domiciliary assistance and supporting him with attending appointments.
8. The Council explained domiciliary assistance and attending appointments was never part of the contract, and if Mr E needs this support it should be part of a formal care package. This is the correct advice. It sounds like the charity was overstepping its contract. The Council has apologised to Mr E for his distress and said it will complete an assessment of his adult social care needs. This is the correct action so the Council can put services in place to meet any eligible needs Mr E has.

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Final decision

9. We will not investigate Ms D’s complaint because we are satisfied with the actions the Council has taken in response to the complaint. It is unlikely an Ombudsman investigation would add to the Council’s investigation or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman