The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s adult social care service. There is not enough evidence of fault to justify our involvement.
The complaint
Ms X complained about the support she received from the Council’s adult social care service. She believes the Council’s actions caused her skin to become sore. She also said her social worker did not keep in contact with her. Ms X believes the Council may have committed a crime.
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, or any injustice is not significant enough to justify our involvement, or there is another body better placed to consider this complaint.
(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 complaint response, the Council confirmed it contacted Ms X’s GP and arranged a package of care after it became aware of her sore skin. It took appropriate action. There is not enough evidence of fault to justify our involvement.
Shortly after that, the Council transferred Ms X’s case to a different social care team. It said it may not have told her about that change. Although frustrating of Ms X, we would not consider that injustice significant enough to justify our involvement.
The Council allocated a new social worker, who visited Ms X within a fortnight. Ms X wanted her package of care reducing. The social worker explained they would need to review her care needs first. It then took around six weeks for Ms X and the social worker to meet. During this time, Ms X and the social worker both tried to contact one another. There is nothing to suggest the Council failed to keep in contact with Ms X. There is not enough evidence of fault to justify our involvement.
Ms X believes the Council may be involved in criminal activity. The Council has directed her to the Police if she believes a crime has been committed. That is the best body to deal with that complaint.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman