The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to refer the changes Mr X wants to make to his care and support arrangements to the Court of Protection. The Court of Protection is better placed to consider the issues Mr X complains about.
The complaint
Mr X complains about the way two care workers acted towards him and says he was threatened with restraint. Mr X says he told the Council he wanted one care worker to support him and instead of two care workers as agreed in his care and support plan. He said the Council’s officer only agreed to reassess his needs and would not progress a complaint. He says the Council did not respond to the issues he raised and this caused him frustration. Mr X wants the Council to work with him to reduce the care and support he receives.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 no worthwhile outcome achievable by our investigation.
(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
Mr X complained to the Council about the conduct about two care workers from the care provider the Council commissions to provide him with support.
The Council did not consider the matter in line with its complaint procedures. It decided to deal with the concerns raised by Mr X as a service request. The Council arranged for its officer to review Mr X’s care and support arrangements. It did not reduce the number of care workers assigned to support him.
The Council says it completed a mental capacity assessment and has now referred the decision about Mr X’s care and support arrangements to the Court of Protection. It confirmed Mr X will have the opportunity to express his view with the assistance of a legal advisor.
We will not investigate Mr X’s complaint as the Court of Protection is better placed to consider the issues he complains about. He will have the opportunity to give his views during the court proceedings.
Final decision
We will not investigate Mr X’s complaint because the Court of Protection is better placed to consider the issues he complains about.
Investigator's decision on behalf of the Ombudsman