Summary: Mr X complained the Council did not offer him any form of adult social care support, despite a referral from his GP. We have not found fault in the Council’s actions. The Council has made multiple offers to carry out an assessment for Mr X to understand any need he may have. Mr X has declined to be assessed.

The complaint

1. Mr X complains the Council has not offered him support even though he feels he needs it and despite his doctor making a referral to the Council.
2. Mr X is distressed that he is not receiving the support he feels he needs.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have considered all the information Mr X and the Council provided.
5. Mr X and the Council had the opportunity to comment on my draft decision. I have taken any comments received into consideration before reaching my final decision.

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What I found

Assessment

6. Sections 9 and 10 of the Care Act 2014 require councils to carry out an assessment for any adult with an appearance of need for care and support. They must provide an assessment to everyone regardless of their finances or whether the council thinks the person has eligible needs. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. It must also involve the individual and where suitable their carer or any other person they might want involved.

Intermediate Care and Reablement

7. Intermediate care and reablement support services are for people usually after they have left hospital or when they are at risk of having to go into hospital. They are time-limited and aim to help a person to preserve or regain the ability to live independently.

Refusal of assessment

8. An adult with possible care and support needs may choose to refuse an assessment. In these circumstances, councils do not have to carry out an assessment.

What happened

9. Early in 2023, Mr X’s GP sent a referral to the Council about matters related to his housing. The referral stated that Mr X did not require assessment for carers or any mobility aids.
10. Over the coming months, Mr X made several complaints to the Council about various issues.
11. In July 2023, the Council allocated Mr X a social worker. The Council offered Mr X a reablement screening which he declined.
12. In September 2023, the Council held a meeting with professionals and Mr X. It informed him that he was entitled to a Care Act assessment, to which he agreed. Mr X later decided he wanted his housing issues addressed before agreeing to any assessment.
13. At the end of September 2023, Mr X complained to us that he had not received any care or support services from the Council despite the referral.
14. In November 2023, Mr X was again offered an assessment but declined.
15. The Council says that it has offered Mr X assessments on various occasions both on the telephone and via email but that all of these offers have been declined.

Analysis

16. The Council has a duty to offer a Care Act assessment to Mr X in order to understand any care and support needs he may have. The Council has done this on multiple occasions. Without a completed assessment, the Council cannot decide whether any support might be required. Mr X has the right to decline these offers, which he has chosen to do.
17. The Council has performed its required duties in offering Mr X an assessment. It has not acted with any fault.

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Final decision

18. I have now completed my investigation. I find no fault in the Council’s actions.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman