Summary: We will not investigate Mrs X’s complaint about a carer’s assessment and the support provided by the Council because we could not add to the previous independent investigation, and we could not achieve the outcome Mrs X wants.

The complaint

1. Mrs X complained the Council failed to carry out a carer’s assessment. She is unhappy with the level of support the Council provides to help care for her disabled son.

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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, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X has a young disabled son. I have not included the details here to ensure their anonymity. She asked the Council to undertake a carer’s assessment. The Council said it did not offer ‘stand-alone’ carer’s assessments for carers of children under 18. Unhappy with the Council’s response, Mrs X made a formal complaint. The Council responded at all three stages of the statutory children’s complaints process. Following an independent investigation of Mrs X’s complaint, the Council accepted that it had not properly considered Mrs X’s needs as a carer and agreed to undertake a carer’s assessment.
6. The assessment concluded that Mrs X’s needs could be met by universal services, and by the direct payment the Council makes for respite.
7. Mrs X disagrees with the assessment. Since making her complaint, Mrs X has returned to work. She says that school holidays are particularly challenging.
8. The Council accepted it had not properly assessed Mrs X’s needs as a carer and agreed to undertake a new carer’s assessment. Mrs X sent me a copy of that assessment. While I note Mrs X does not agree with the outcome, there is not enough evidence of fault to justify further investigation by us. We could not add to the previous independent investigation of Mrs X’s complaint, and we could not achieve the outcome Mrs X wants.

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Final decision

9. We will not investigate Mrs X’s complaint because we could not add to the previous independent investigation, and we could not achieve the outcome Mrs X wants.

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Investigator's decision on behalf of the Ombudsman