The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s Adult Social Care provision to Mr X because there is not enough evidence of fault.
The complaint
Mr X complains: The Council’s care assessment is missing information about his housing needs; The Council’s Adult Social Care (“ASC”) team are not supporting him with housing issues; The direct payment he receives from the Council is not enough to cover his care costs.
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)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council reviewed Mr X’s care needs in September 2023. Its assessment sets out Mr X’s concerns with his housing. It refers to an Occupational Therapy assessment; the equipment and aids it will provide to help Mr X and; notes it cannot make adaptations as he is in temporary accommodation. The assessment also says the suitability of Mr X’s temporary accommodation is subject to court action.
There is not enough evidence of fault in the Council’s ASC team’s recording and consideration of Mr X’s housing needs to justify an investigation.
I have not seen evidence Mr X has completed the Council’s complaints process regarding his concerns his direct payment is not enough to meet his needs. Mr X may contact the Ombudsman again if he remains unhappy with the Council’s final response.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman