Summary: We will not investigate this complaint about the Council’s adult social care provision as there is not enough evidence of fault causing significant injustice.

The complaint

1. Mr X complains:
• the Council’s care provision is poor quality,
• the Council’s social worker is not supportive and,
• the Council previously allocated him a male social worker contrary to his wishes.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
3. 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, or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to us in August 2023 and we asked the Council to consider the matters raised through its complaints process.
7. I will not comment on the first two parts of Mr X’s complaint as we are considering these under a separate case reference number.
8. The Council has not addressed the third through its complaints process, however I consider it has had reasonable opportunity to do so.
9. I will not investigate Mr X’s complaint about a male social worker as there is not enough evidence of fault or that any fault caused Mr X significant injustice.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault causing significant injustice.

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Investigator's decision on behalf of the Ombudsman