The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about a refusal to provide support for her relative, Mr Y, to move to independent living. The Council has since offered Mr Y a care act needs assessment. It is unlikely an investigation would achieve anything more.
The complaint
Ms X complained the Council has refused to provide support to enable her relative, Mr Y, to move to independent living.
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 further investigation would not lead to a different outcome.
(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’s learning disability team considered a referral for Mr Y in summer 2024, but decided Mr Y did not meet the eligibility criteria for its service. It wrote to Ms X to advise her of the decision.
Since her complaint to us, the Council has offered Mr Y an adult social care needs assessment. It said this assessment would identify if Mr Y had any eligible care and support needs and if so, which service was most appropriate to provide that support.
We will not investigate this complaint. The Council has now offered Mr Y a care needs assessment. This is an appropriate response to Ms X’s complaint, and will identify whether Mr Y has any eligible care and support needs and if so, how these needs can be met. We will not investigate as it is unlikely an investigation by us would lead to a different outcome or achieve anything more.
Final decision
We will not investigate Ms X’s complaint because it is unlikely an investigation would achieve anything more.
Investigator's decision on behalf of the Ombudsman