Summary: Miss X complained Devon County Council and NHS Devon Integrated Care Board produced a document that did not accurately reflect her son’s needs and failed to explain where the information in the form came from. We will not investigate Miss X’s complaint. This is because we do not consider an investigation by the Ombudsmen would be likely to add to the work already undertaken by the Council in response to Miss X’s complaint.

The complaint

1. Miss X is complaining about the Devon County Council (the Council) and NHS Devon Integrated Care Board (the ICB). Miss X complains the Council and ICB created a document that does not accurately reflect her son’s presentation and is at odds with her own experience. Miss X says that, if the information contained in the document is correct, the Council and ICB should provide evidence of this as it suggests Mr Y is not receiving the level of care and support he requires.
2. Miss X says the document was used in sourcing a potential care provider. She says it suggests Mr Y’s behaviours pose a greater risk than they do and this has affected their ability to access care. Miss X says it is also extremely distressing for her to see Mr Y described that way.
3. Miss X says she would like to see specific evidence to support the information in the document, which she says seems to be incorrect or outdated. She would also like the document to be updated to more accurately reflect Mr Y’s needs and behaviours.

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The Ombudsmen’s role and powers

4. The Local Government and Social Care Ombudsman and Health Service Ombudsman have the power to jointly consider complaints about health and social care. (Local Government Act 1974, section 33ZA, as amended, and Health Service Commissioners Act 1993, section 18ZA).
5. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we could add to any previous investigation by the bodies concerned.

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How I considered this complaint

6. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
7. Miss X had an opportunity to comment on my draft decision.

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What I found

Background

8. Mr Y is a man with complex care needs. These include autism, learning disabilities and behavioural difficulties. He requires 2:1 care at all times.
9. Mr Y has been receiving care as an inpatient for several years. He currently remains detained in hospital for treatment under the Mental Health Act 1983.
10. In 2024, the multidisciplinary team was planning for Mr Y’s discharge from hospital into the community. As part of this process, the team produced an Expression of Interest document (sometimes also known informally as a Pen Portrait. This was a summary of Mr Y’s needs, to be sent to potential care providers.

My analysis

11. The Council responded to the complaint in January 2025. It said several agencies had contributed to the document. This included contributions from Council and ICB staff, the local mental health Trust and hospitals in which Mr Y had been an inpatient. The Council said it was not currently searching for community providers as Mr Y required inpatient treatment at that time, so the document was not in use.
12. However, the Council said the multidisciplinary team would produce a new and updated document once active planning for Mr Y’s discharge resumed. The Council said this would be discussed at discharge planning meetings.
13. With regards to Miss X’s request for specific information, the Council explained how she could request relevant documentation via a Subject Access Requests or records requests to the relevant agency.
14. It is understandable Miss X found some of the information contained in the document distressing. Nevertheless, the Council was correct to identify (as it did in its response) the importance of providing an accurate view of Mr Y’s behaviours.
15. I accept Miss X is concerned about specific events detailed in the document. However, I do consider these matters to be directly relevant any longer as the document is no longer in use.
16. Significantly, the Council’s response commits the multidisciplinary team to producing a fresh and updated document once Mr Y’s discharge planning is due to resume. I consider this the most likely outcome that would result from an investigation by the Ombudsmen. In my view, it is unlikely our investigation would add anything further. We will not investigate Miss X’s complaint, therefore.

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Decision

17. We will not investigate Miss X’s complaint. This is because an investigation by the Ombudsmen would be unlikely to achieve anything further than has been achieved through the local resolution process.

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Investigator's decision on behalf of the Ombudsman