The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council carried out a care needs assessment. This is because further investigation would not lead to a different outcome.
The complaint
In short, Miss Y complains about the way an assessment was carried out on her relative, Miss X, to identify her needs for care and support under the Care Act 2014.
Miss Y says the Council provided no explanation or notification for the reduction in support. She would like information on how the Council reached its decision. She would also like the decision to reduce provision reversed.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss Y complained about the Council’s failure to involve Miss X’s family in the assessment process compounded by not informing the family of the decision to cut support. Miss Y asked the Council to forward the procedures it followed.
In response to Miss Y, the Council admitted it had failed to follow due process. It apologised for not informing the family of the assessment appointment and it organised a new assessment. It also said it had updated its database to add Miss Y as Miss X’s advocate and attached a copy of its procedure.
We will not investigate this complaint. The Council has apologised and offered a new assessment. Further investigation by the Ombudsman would not lead to anything more. This is because when we find fault causing injustice in the assessment process our usual remedy is to recommend a fresh assessment. And the Council has already provided this remedy.
Final decision
We will not investigate Miss Y’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman