Summary: We will not investigate Mr F’s complaint about the Council’s decision his son did not meet the criteria for the Disabled Children’s Team because there is insufficient evidence of fault.

The complaint

1. Mr F complains the Council has not provided an adequate explanation for why his son does not meet the criteria for the Council’s Disabled Children’s Team. He says that without a proper assessment conducted by a suitably trained and experienced social worker, his family's needs cannot be properly understood.

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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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation.

(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 Mr F and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council undertook an assessment in January 2024. The assessment concluded that Mr F’s son had social care needs which could be met with a personal budget.
6. In December 2024, Mr F asked the Council to explain why his son did not meet the criteria for the Disabled Children’s Team. Unhappy with the response he received, he made a formal complaint in January 2025. The Council gave its final response on 7 May 2025. Mr F complained to us on 15 August 2025.
7. The Council explained the criteria it used to allocate work to different social work teams. Mr F’s son does not meet the criteria for referral to the Council’s Disabled Children’s Team. His assessment was carried out by a different team. The Council explained that all social workers have the necessary skills to carry out social care assessments. The assessment resulted in a decision to provide support.
8. There is insufficient evidence of fault to justify investigating Mr F’s complaint. We could not add to the explanation provided by the Council.
9. If Mr F was unhappy with the assessment or the support the Council offered following the assessment, he should have complained sooner. As the assessment was more than 12 months ago, we will not consider a complaint about it now. Complaints to us must be made within 12 months.

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Final decision

10. We will not investigate Mr F’s complaint because there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman