Summary: We will not investigate this complaint about an adult social care and support plan. There is not enough evidence of fault in the Council’s actions so we cannot question or criticise the decision the Council has made even though the complainant strongly disagrees.

The complaint

1. Ms B says the Council has failed to properly assess her relative, Mr C’s, need for a holiday. Ms B says the Council is failing to meet Mr C’s wellbeing needs and is fettering discretion by relying on a blanket policy. Ms B says this has caused her stress.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

3. We have accepted Ms B suitable to act for Mr C.
4. 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))

5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.
8. I considered the Care Act 2014 and associated statutory guidance.

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My assessment

9. The Council has a duty to meet Mr C’s adult social care and support needs. The Council must complete an assessment/review at least yearly and meet any eligible needs identified.
10. The Council has reviewed Mr C’s care and support plan and is satisfied it is meeting his eligible care and support needs. The Council has considered Ms B’s views, Mr C’s views (by an advocate), the care provider’s views, and has considered its duties under the Care Act 2014 including the wellbeing principle. The Council has not assessed Mr C has an eligible need for a holiday.
11. Ms B says the Council is fettering discretion. This is when the Council will not depart from policy where there are good grounds to do so in an individual case. There is not enough evidence to support this. The Council said it would keep under review whether there was any evidence of a need for a holiday. So, there is evidence to support the Council is not closed to the possibility of providing it.

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Final decision

12. We will not investigate Ms B’s complaint. There is not enough evidence of fault in the Council’s actions so we cannot question or criticise the decision the Council has made that a holiday is not an eligible care and support need, even though Ms B strongly disagrees.

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Investigator's decision on behalf of the Ombudsman