Summary: We will not investigate this complaint about the Council’s handling of Mr X’s care and support needs. He says the Council failed to complete a proper assessment for him as the Council ignored his need for ongoing rehabilitation and physiotherapy. This is because there is insufficient evidence of fault. In addition, there is another body better placed to consider the complaint.

The complaint

1. Mr X complains about the Council’s handling of his care and support needs. He says the Council failed to complete a proper assessment for him as the Council ignored his need for ongoing rehabilitation and physiotherapy.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X was discharged from hospital. The Council completed a care assessment to determine if Mr X had any eligible care and support needs. Mr X was assessed as having eligible needs and a care package was arranged to provide Mr X with care and support.
6. Mr X was unhappy with the care plan as he felt the Council had ignored his need for physiotherapy. Mr X was also unhappy with the physiotherapy he had received.
7. Physiotherapy is a health need. This means it is the responsibility of the NHS to provide this, if required. Any complaints Mr X has about the physiotherapy received, and any ongoing physiotherapy he feels he needs, is for the NHS to consider. It is open to Mr X to make this complaint to the relevant integrated care board (ICB) and then to the Parliamentary and Health Service Ombudsman. Therefore, we will not investigate this complaint.
8. Further, we will not investigate as we are not likely to find fault. This is because the Council has appropriately assessed Mr X to identify his eligible care and support needs and put in place a care package to meet these needs. The Council also noted it was happy to arrange direct payments should Mr X want this to employ someone.
9. I appreciate Mr X feels the care assessment has not been completed appropriately as it has not identified any physiotherapy. However, as noted above, the Council is not responsible for providing this as it is a health need.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault. In addition, there is another body better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman