Summary: We will not investigate this complaint about changes to an adult social care and support plan. The Council has completed an assessment and fully explained its decision. It is unlikely we would find fault or reach a different outcome, even though the change is upsetting for the complainant.

The complaint

1. Ms D says the Council’s decision to remove support for a holiday for Ms E is wrong. Ms D says the holiday was previously included in Ms E’s care and support plan and therefore was support provided to Ms E rather than to Ms D and should continue. Ms E feels the Council is disabling her future and her ability to enjoy activities like a holiday. This is upsetting for Ms E and affecting her mental health.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

3. 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)

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How I considered this complaint

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

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My assessment

6. The Council has a duty to meet Ms E’s eligible adult social care needs. Ms E currently lives with her parents but plans to move to supported living.
7. The Council recently assessed Ms E’s needs. Ms D says the Council is removing 14 hours from Ms E’s care and support plan which was for care support during a holiday. Ms D says as this support was in Ms E’s plan it was support for Ms E and should remain, despite the change in circumstances when she moves to supported living.
8. The Care and Support statutory guidance encourages councils to combine plans, so it not unusual to have one plan covering how a council will meet the needs of the person affected and family carers.
9. The Council has explained the care support for a holiday was to give Ms D a break from her caring role. Once Ms E moves there will no longer be a need for Ms D to have a respite break. So, this is why the recent assessment removed that support.
10. Although it is upsetting for Ms E to feel she is having freedom removed, the Council explains a holiday is not an eligible care and support need which it must meet. The Council has assessed supported living will meet Ms E’s eligible care and support needs. The Council will continue to work with Ms E to discuss activities and has said Ms E might be able to use her support hours flexibly. This is still ongoing. The Council has followed the correct process to make its decision, so it is unlikely the Ombudsman would find fault or be able to criticise it, even though the decision upsets Ms E.

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Final decision

11. We will not investigate Ms D’s complaint because it is unlikely we will find enough evidence of fault, or that we would add to the Council’s investigation or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman