The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council is meeting his care needs. The Council has regularly assessed his needs and recommended a suitable care package to enable him to return home. There is not enough evidence of fault to justify an investigation.
The complaint
Mr X complains the Council has placed him in a care home against his will and is failing to provide him with the support he needs to go home. Mr X says this has impacted his mental health. He wants the Council to move him to a more suitable care setting to support his return home.
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
Mr X was admitted to hospital in July 2023 following a fall. He was later moved to a short-term residential care placement to continue his rehabilitation and to plan for his return home. The Council assessed that Mr X needed a care package and care equipment to safely return home. Mr and Mrs X refused the equipment and care package. The Council assessed Mr X as having capacity to make decisions about his care.
Mrs X complained to the Council in January 2024. She said the Council was not doing enough to support Mr X’s return home. The Council said a care plan was in place to build Mr X’s walking and strength, but he would also need a care package and equipment to safely return home. Mr and Mrs X continued to refuse the equipment and care package.
We will not investigate this complaint. The records show the Council has regularly assessed Mr X’s care needs and mental capacity since July 2023. Mr X’s most recent assessment was May 2024. The Council has put in place a rehabilitation programme and assessed what care and support Mr X needs to return home. It is Mr X’s choice not to accept the recommended support. There is not enough evidence of fault in the Council’s actions to justify an investigation.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman