The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council communicated with Miss X relating to her daughter’s care and support needs. The Council has already investigated and further investigation by us would not lead to a different outcome.
The complaint
Miss X said the Council completed a Care Act assessment for her daughter (Y), and it then contacted her several times outside of an agreed approach. Miss X said this caused both her and Y to disengage with the Council and this has delayed Y getting necessary care and support needs. Miss X now wants an investigation to identify whether the Council’s actions were appropriate.
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 Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X said in March 2023, the Council and she agreed how it would approach Y’s care and support needs, because she said Y had additional needs. Miss X then complained, saying Y’s social worker contacted both her and Y in an unsolicited manner and outside of what she understood to be the agreed approach. Miss X said this meant Y would not engage with the Council because of mistrust.
The Council replied to Miss X’s complaint and explained why it had contacted her at the time and this was in response to a safeguarding enquiry. It told Miss X the enquiry was still ongoing. It also said it would change the appointed social worker and carry out a new Care Act assessment for Y, to identify a suitable Care Provider.
The Council have explained why it contacted Miss X and Y and said it did so because it had a duty of care to both she and Y. Furthermore, it offered to change the appointed social worker and complete a new Care Act assessment.
We will not investigate this complaint. In the circumstances, the Council’s position appears to be reasonable, and I am satisfied further investigation would not lead to a different outcome.
Final decision
We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman