The Ombudsman's final decision
Summary: We will not investigate this complaint about a flawed and inaccurate care assessment, and that the Council failed to consider Ms X’s needs as a carer. This is because further investigation would not lead to a different outcome.
The complaint
Ms X complains about the care assessment the Council completed for her partner. She says the assessment was flawed and inaccurate. She also complains the Council failed to consider needs as a carer.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council completed a care and support assessment for Ms X’s partner, Mr A. During its complaint response, the Council accepted there was potential for a more in depth and person-centred assessment to have been completed. The Council apologised for this and outlined a new social worker had been allocated. The Council confirmed the new social worker would review the care assessment and update it as appropriate.
Ms X said the Council ignored her needs and tried to bully and intimidate her into caring for Mr A at home. The Council explained it had to consider the least restrictive options for Mr A and this was why the social worker explored the potential for Mr A to return home with a package of care. The Council said it was not the intention of the social worker to dismiss Ms X’s needs as a carer but to ensure best practice was taking place to support Mr A.
Further investigation is not justified as it would not lead to a different outcome. This is because the Council has apologised for the assessment and appointed a new social worker to review the assessment.
Further, while I acknowledge Ms X felt her needs as a carer was ignored during the assessment, the Council has explained why it explored the option of Mr A living at home with a care package. An appropriate remedy has also been provided as the care assessment was reviewed by a different social worker and the Council has agreed for Mr A to remain in a care home.
Ms X said the Council did not provide her with a copy of the new care assessment completed. Therefore, she did not have any opportunity to comment on the assessment. Ms X confirmed she has now been provided a copy. Therefore, if Ms X is unhappy with the new care assessment, it is open to her to raise a new complaint about the matter.
Final decision
We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman