Summary: We will not investigate this complaint about the Council’s assessment of Miss X’s and her child’s care needs in 2023. Further investigation by us would be unlikely to find that the child’s inability to leave their bedroom or the family house, or the child’s separation anxiety was a direct result of fault by the Council. Nor would we be likely to recommend more than the fresh assessment the Council has already offered.

The complaint

1. Miss X said the Council failed to carry out a proper assessment of her child’s care needs and her needs as a carer recommended by a Special Educational Needs and Disability (SEND) Tribunal.

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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:

• any fault has not caused injustice to the person who complained, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.

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How I considered this complaint

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

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My assessment

6. A SEND Tribunal recommended in July 2023 that the Council carry out an assessment of the potential care needs of Miss X’s child, and her potential needs as a carer. The Council carried out an assessment in September 2023. Miss X says this assessment was inadequate.
7. Miss X’s child finds it difficult to leave the house and is socially isolated. Miss X reports that her child’s separation anxiety also makes it almost impossible for her to leave the house.
8. The Council’s final response stated that a care worker it provided after the assessment took a long time to build any trust with the child, but that it had eventually been possible for the child to cope with some visits outside the house.
9. Given the severe nature of the child’s reported difficulties, including both difficulty leaving the house, and a separation anxiety, it is unlikely investigation by us would find that, on the balance of probabilities, there would have been a better outcome sooner had the assessment of September 2023 identified a need for greater intervention. Nor could we recommend a change to the assessment outcome. Were we to find fault, we would be likely only to recommend a fresh assessment, which the Council has already offered Miss X.

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Final decision

10. We will not investigate Miss X’s complaint because investigation by us would not be likely to lead to a better, different or more worthwhile outcome than that already offered by the Council.

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Investigator's decision on behalf of the Ombudsman