Summary: We will not investigate Ms B’s complaint about the Council’s refusal to undertake a carers assessment under the Care Act 2014. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an Ombudsman investigation.

The complaint

1. Ms B complained about the Council’s refusal to undertake an independent carer’s assessment for her in her role as carer for her child. Ms B says she does not need a Care Act assessment herself, and they do not need a Children’s and Families Assessment under the Children’s Act but wants the Council to independently undertake a stand-alone carers assessment.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Section 10 of the Care Act 2014-Assessment of a carer's needs for support says:

(1) where it appears to a local authority that a carer may have needs for support (whether currently or in the future), the authority must assess—

(a) whether the carer does have needs for support (or is likely to do so in the future), and

(b) if the carer does, what those needs are (or are likely to be in the future).

(2) An assessment under subsection (1) is referred to in this Part as a “carer's assessment”.

(3) “Carer” means an adult who provides or intends to provide care for another adult (an “adult needing care”); but see subsections (9) and (10).

6. A carers assessment under the Care Act 2014 does not apply to Ms B who is caring for a child under the age of 18.
7. The Council has explained Ms B is entitled to a carer’s assessment as part of a ‘Children and Families Assessment under the Children’s Act 1989 section 17 (ZD) the statue provides that:

A local authority, in carrying out a parent carer’s needs assessment, must involve-

1. the parent carer
2. any child for whom the parent carer has parental responsibility, and
3. any person who the parent carer requests the authority to involve’.

8. If Ms B wants the Council to undertake a carer’s assessment for her it will have to be undertaken as part of a Children’s and Families assessment under the Children’s Act.

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Final decision

9. We will not investigate Ms B’s complaint because there is not enough evidence of fault with the Council’s actions warranting an ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman