Summary: Mr X complained about flaws in the Council’s assessment process when it was assessing his care and support needs. He says the Council’s assessment form is too binary and oversimplifies complex and fluctuating needs. We do not find the Council was at fault.

The complaint

1. Mr X complained about flaws in the Council’s assessment process when it was assessing his care and support needs. He says the Council’s assessment form is too binary and oversimplifies complex and fluctuating needs. He also complained about the lack of provision for his needs in the Council’s area.
2. Mr X says the matter has caused distress and frustration. He says the Council’s faults have caused a delay in him receiving appropriate support.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. 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

5. I considered information from Mr X and the Council.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Relevant legislation and guidance

7. 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.
8. Councils must carry out assessments over a suitable and reasonable timescale considering the urgency of needs and any variation in those needs. Councils should tell people when their assessment will take place and keep them informed throughout the assessment.
9. The Care Act 2014 gives councils a legal responsibility to provide a care and support plan (or a support plan for a carer). The care and support plan should consider what needs the person has, what they want to achieve, what they can do by themselves or with existing support and what care and support may be available in the local area. The support plan must include a personal budget, which is the money the council has worked out it will cost to arrange the necessary care and support for that person.

What happened

10. This chronology includes an overview of key events and does not detail everything that happened.
11. Mr X made a referral to the Council in April 2024 for care and support. He highlighted his needs, including general anxiety disorder (GAD) and attention hyperactivity deficit disorder (ADHD).
12. The Council visited Mr X in May to complete an assessment of his needs. Mr X complained about the conduct of the social worker during the visit. The Council decided to assign a new social worker in June.
13. The Council emailed Mr X to gather further information about his needs and the support he needed. Mr X provided detailed information.
14. The Council produced a draft assessment and sent it to Mr X in July. The assessment said Mr X did not have any eligible care and support needs because he was able to achieve the Care Act 2014 outcomes. However, it said he could benefit from support from the enablement team. The enablement team helps people promote goals around their skills, strengths and abilities.
15. Mr X responded to the Council and said he did not think it had understood his needs. He said his needs fluctuate, which prevents his ability to achieve the outcomes. The Council explained the assessment was in draft form and so it could amend it and add further information. It had a telephone call with Mr X the following week to further understand his needs. Mr X said he felt there was a lack of ADHD services in Leicester.
16. Mr X complained to the Council about its failure to consider in its assessment that his needs fluctuate. He said it was wrong to include a binary choice of able/unable in the assessment. He also said the Council’s directory for care and support services did not cater for his needs. He said the service (Organisation A) it recommended mainly focussed on families. He raised further raised concerns about it not issuing a care and support plan and a personal budget.
17. The Council sent Mr X an amended draft assessment after reviewing the further information. It noted his needs relating to his GAD and ADHD fluctuate. It decided Mr X did have eligible care and support needs. It said enablement support would be helpful to meet his outcomes, as well as exploring whether Organisation A could meet his needs.
18. Mr X said he was happy with the amendments. However, he asked whether there were any other local groups for him to attend. He said he wanted some further information about enablement, and he wanted it to explore more formal social care options.
19. The Council responded and said Organisation A did work with adults, but their old contract was mainly with children and families. It said it had contacted Organisation A to find out whether it could offer him appropriate support. It also said its enablement service could offer support within the community, and it would be for 12 weeks. If at the end of the 12 weeks he had unmet outcomes, it could consider long-term support such as direct payments/personal budgets. Direct payments are monetary payments made to individuals who ask for them to meet some or all of their eligible care and support needs.
20. The Council sent a further email to Mr X and said Organisation A had agreed to offer him its full package. This included an assessment call, four online workshops and coaching if it was necessary. It told him to contact Organisation A if he needed further information.
21. The Council responded to Mr X’s complaint. It said the able/unable options allow all the nuances of how needs fluctuate over time to be considered before they are selected. It said the assessment can remain open as long as needed to establish a complete picture of all needs.
22. The Council went on to explain its usual process is to develop a care and support plan once an assessment is finalised. However, it had not finalised his assessment. The personal budget is populated when the care and support plan is issued. Short-term support, like enablement, does not generate a budget until the service user has finished accessing it. It will then assess whether enablement has helped the person gain/regain independence and whether there are unmet outcomes.
23. The Council’s enablement team contacted Mr X at the end of August and provided a detailed overview of its service.

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Analysis

24. Mr X says the Council’s assessment does not take account of his fluctuating needs. In its response to Mr X’s complaint, the Council explained its able/unable options allow all the nuances of how needs fluctuate over time to be considered before they are selected. The Council considered Mr X’s needs and how they fluctuate. It issued an amended assessment to reflect this. The assessment is detailed and considers everything we would expect it to in line with the Care Act 2014. I do not find fault.
25. The Council detailed the assessment and care planning process to Mr X, including care and support plans and personal budgets. I am satisfied it answered all of Mr X’s questions in detail. It explained what its enablement team offers, why it is suitable for Mr X and that it will consider whether he has any unmet needs when he finished accessing it. The Care Act 2014 allows councils to recommend short-term interventions to ascertain whether someone has long-term care needs. I do not find fault.
26. The Council contacted Organisation A when Mr X raised concerns about the lack of provision for adults with ADHD in Leicester. Organisation A agreed to provide its full package, which includes support for adults with ADHD. I therefore find the Council acted quickly to resolve the issue to ensure Mr X had access to suitable provision. I do not find fault.

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Final decision

27. I have completed my investigation. The Council was not at fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman