Summary: We will not investigate this complaint about replacing adult social care equipment. The Council failed to deal with the request until the Ombudsman’s involvement. But we are satisfied with the actions it is now taking to arrange the equipment, which is what the complainant wanted.

The complaint

1. Mr B says the Council failed to provide sought equipment. The Council focused on communication failures and did not resolve the issue Mr B made contact about. Mr B wants equipment replaced as says the equipment is unsafe.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2) and 34C(2), as amended)

3. We accept Mr B as a suitable representative for his relative who uses the Council’s adult social care services.
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. 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)
5. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Following an Ombudsman enquiry the Council has now contacted Mr B to arrange the replacement equipment. This provides Mr B with the outcome he sought.
9. I appreciate it will have been frustrating for Mr B to have waited a long time, and to have had the time and trouble of complaining. But, I do not consider there is a significant enough injustice to justify our further involvement.

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Final decision

10. We will not investigate Mr B’s complaint because we are satisfied with the action the Council is now taking.

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Investigator's decision on behalf of the Ombudsman