Summary: We will not investigate this complaint about a lack of advocacy support for the complainant. This is because the complaint does not meet the tests in our Assessment Code on how we decide which cases to investigate. There is not enough evidence of fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Miss X, complains the Council has not provided her with an advocate. Miss X wants an advocate to help her challenge contact restrictions imposed by the Council and other bodies. The Council and its advocacy service says she is not eligible for support. Miss X wants to be able to commission her own advocate.

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

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My assessment

5. In its responses to Miss X’s complaints the Council has said:
• It appointed its current advocacy provider following a tendering process.
• It has a statutory duty to provide advocates to "facilitate a person’s involvement in relevant social care functions”. This applies if there is no other person to support and represent them, and the Council feels they would experience substantial difficulty being fully involved in the Care and Support process.
• Miss X does not meet the criteria for statutory advocacy.
• The Council cannot appoint a person’s chosen advocate. This is because they cannot be sure they have been properly vetted and will provide a quality service.
6. We will not start an investigation into Miss X’s complaint. The Council has a duty to provide advocacy support in certain situations. It has decided this does not apply to Miss X and there is not enough evidence of fault in how the Council has reached this decision for us to become involved. It is for the Council to decide how it will deliver an advocacy service when required to do so. We will not therefore investigate Miss X’s complaint.

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Final decision

7. We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman