The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council reducing her care and support hours following a care reassessment. She was receiving 12 hours of care per week and has now been assessed as not being eligible for any care. This is because the alleged fault has not caused any significant injustice.
The complaint
Miss X complains about the Council reducing her care and support hours following a care reassessment. She was receiving 12 hours of care per week and has now been assessed as not being eligible for any care. She says this is despite her care and support needs not having changed since 2022.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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 an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In September 2022, the Council completed a reassessment of Miss X’s care and support needs. Following this reassessment, the Council identified Miss X needed 12 hours of care and support per week. These hours were for supporting Miss X to access the local community and a local community group, and for batch cooking meals. Miss X said she had previously received 20 hours of care per week.
There is no evidence Miss X raised a complaint at the time regarding this decision to reduce her care hours. If Miss X was unhappy with the Council’s decision, it is reasonable to expect her to have complained at the time. This element of the complaint is late, and there are no good reasons to exercise discretion to consider the late complaint.
In September 2023, the Council completed a care review. This review found Miss X had no eligible needs as she was physically able to complete everyday tasks, such as personal care, toileting, getting dressed, making something to eat, keeping the home clean and tidy, and going out into the community.
The review acknowledged Miss X had difficulty accessing the community, but that this was due to a mental health need rather than a physical care need. It also noted Miss X was mainly using the care hours for emotional support to go out in the community and that she was only using five hours per week and not her full 12 hours. Miss X was unhappy with this decision and complained.
In March 2024, the Council reviewed Miss X’s care and support needs. The Council made the decision to provide five hours of care and support per week. This was to provide emotional reassurance and support to help Miss Z manage her anxieties and mental health.
Given the Council reinstated the five hours of care in March 2024, this raises questions as to whether the September 2023 assessment was completed appropriately. However, I am satisfied any potential fault will not have caused any injustice to Miss X. This is because the Council confirmed Miss X continued to receive five hours of care and support between September 2023 and March 2024.
Miss X continues to receive five hours of care and support each week. It is not clear whether Miss X is unhappy with this. However, the matters appear ongoing as the Council confirmed it is pursing a risk assessment for Miss X.
Therefore, it is reasonable to allow the Council to opportunity to conclude its consideration of the matter. If Miss X is unhappy with the outcome once the risk assessment has been completed, it is open to her to make a new complaint to the Council and then bring the complaint to us if she remains unhappy.
Final decision
We will not investigate Miss X’s complaint because the alleged fault has not caused any significant injustice. In addition, the complaint is late and there are no good reasons to exercise discretion to consider the late complaint.
Investigator's decision on behalf of the Ombudsman