The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council provided adult social care. There is not enough evidence of fault to justify our involvement.
The complaint
Mr X complained the Council had not completed an assessment of his care needs. He also complained about difficulties he was experiencing with his Care Provider. He said the carers could not speak English, therefore were unable to meet his care needs. He said they were refusing to support him to read letters. He said he had asked the Council to provide an advocate, but it had refused.
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
In its response to Mr X’s complaint, the Council confirmed it commissioned Mr X’s care as it decided direct payments were not appropriate. It said it: Completed Mr X’s adult social care assessment in September 2023. It said it shared this with the Care Provider who read it to him.
The Care Provider had offered a manager to provide weekly support in reading letters to him. It said Mr X had refused this.
All carers could speak English and were trained to work with vulnerable adults.
It arranged an advocate to support him. They met with him in October 2023.
There is not enough evidence of fault in how the Council has met Mr X’s care needs. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman