Summary: We will not investigate Mr X’s complaint about the Council’s handling of his adult social care assessments. Some of the complaint is late with no good reason to investigate now. On the parts that are not late, there is not enough evidence of fault.

The complaint

1. Mr X complains the Council failed to carry out an adult social care assessment in 2019 and delayed carrying out an assessment in 2025 until matters reached a crisis point.
2. Mr X says the failures caused distress to him and his family. He wants the Council to apologise, compensate him for the distress and arrange an urgent reassessment by a senior practitioner.

Back to top

The Ombudsman’s role and powers

3. 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))
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

8. We will not investigate Mr X’s complaint about the Council not carrying out an adult social care assessment in 2019. This is because this aspect of his complaint is late. If Mr X was dissatisfied with the Council’s actions at that time then he could have complained to us then. I have seen no good reason for the delay in complaining and therefore I will not investigate this aspect of his complaint.
9. In relation to the 2025 assessment, the Council told us that Mr X approached the Council in August 2025 seeking support with housing, mental health and domestic activities. In September 2025, the Council visited Mr X but no eligible care needs were identified. Mr X agreed to referrals to mental health and housing services, following which the Council closed Mr X’s case.
10. The Council received further referrals for Mr X in 2026. The Council told us that it closed the first referral after Mr X declined an assessment and advised that his priority was housing. The Council closed the second referral due to Mr X’s non-engagement. The Council has attempted to complete an assessment of Mr X’s adult social care needs. There is not enough evidence of fault in the Council’s actions to justify us investigating. It remains open to Mr X to contact the Council for a further assessment.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because one part is late with no good reason to investigate now. On the parts that are not late, there is not enough evidence of fault to justify investigating.

Back to top

Investigator's decision on behalf of the Ombudsman