The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of Mr X’s Needs Assessment. There is not enough evidence of fault to warrant an investigation.
The complaint
Mr X complains the Council did not allow him an impartial, independent advocate to support him in his Adult Social Care Needs Assessment. He says the report is not accurate, and he is worried about how it might affect him in the future.
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. (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 completed Mr X’s Needs Assessment with his sister present. Mr X says his sister was controlling, and he should have had an independent advocate to support him. He says because of this, the report is full of incorrect information. However, the Council had discussed the assessment arrangements with Mr X beforehand, and he suggested he wanted the appointment for a time when his sister was available. Therefore, there is not enough evidence of fault by the Council, as it was not aware of Mr X’s concerns prior to the assessment.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant investigation.
Investigator's decision on behalf of the Ombudsman