Summary: We will not investigate Mr X’s complaint about a delayed Section 17 assessment and lack of financial support. This is because an investigation would not lead to a different outcome.

The complaint

1. Mr X complains the Council did not complete a Section 17 assessment within the statutory timeframe meaning he did not receive the financial support he was promised. He also complains the Council did not make reasonable adjustments for his disability. He would like an apology, compensation and training for staff on disability rights.

Back to top

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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. An assessment under Section 17 of the Children Act 1989 was arranged for Mr X in November 2024. He says the Council did not complete this assessment within the required 45-day timeframe. Mr X had asked the Council to complete it early because of his disability.
6. The Council got in touch with Mr X in January 2025 to explain it would not complete the assessment on time. During that call, Mr X said he no longer wanted to continue with the process, so the Council cancelled the assessment at his request.
7. In February 2025, the Council contacted Mr X again. It offered help through the Household Support Fund. However, Mr X refused consent for the Child and Wellbeing Service to support him in accessing this help, so the Council could not assess him for financial support.
8. In its response to his complaint, the Council apologised for the delay in completing the assessment. It said Mr X’s complaint had highlighted the need for staff to better understand their responsibilities under the Equality Act 2010. The Council said it would provide extra training for the team.
9. I will not investigate Mr X’s complaint because an investigation would not lead to a different outcome. The Council has apologised to Mr X for the delay in completing the assessment and for not making reasonable adjustments and has taken steps to improve its compliance with the Equality Act 2010. I do not consider the delay in completing the assessment caused Mr X to miss out on financial support. The Council has offered to complete assessments to consider what support he needs but Mr X has declined this offer.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because an investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman