The Ombudsman's final decision
Summary: We will not investigate this complaint about adult social care. There is not enough evidence of fault to justify our involvement.
The complaint
Miss X complained the Council had not met her care and support needs. She said she was struggling with her shopping, dressing and personal care. Miss X wants the Council to complete an adult social care assessment.
The Ombudsman’s role and powers
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: there is not enough evidence of fault to justify investigating.
(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
The Council said it completed a care needs assessment for Miss X in 2022. At that time, she did not have eligible care needs. It said it referred her to her GP for support with her mental health. It also referred her to an advocate for support with her housing.
Miss X contacted the Council again in 2023. The Council arranged an Occupational Therapist (OT) assessment. The OT visited Miss X and arranged minor adaptions to support her independence with personal care. The Council confirmed the OT completed a follow up visit. The Council said it referred Miss X for support with her mental health needs. It said it did not assess her as having eligible care needs. In its complaint response, the Council confirmed it was happy to complete a new care needs assessment for Miss X.
We will not investigate Miss X’s complaint. The Council took appropriate steps to assess her care and support needs after she contacted it for support. That included an OT assessment, Care Act assessment and referrals for support with her mental health. There is not enough evidence of fault to justify our involvement. It is appropriate for Miss X to ask the Council for a new assessment if her care needs have changed.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify us investigating.
Investigator's decision on behalf of the Ombudsman