Summary: We will not investigate this complaint about delay in assessing adult social care needs. This is because any delay did not cause a significant enough injustice to justify the Ombudsman’s involvement.

The complaint

1. Mr B says the Council delayed completing and sharing an adult social care needs assessment and care and support plan. Mr B found this stressful and felt in limbo about whether his care support might change.

Back to top

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 any injustice is not significant enough to justify our involvement.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council is responsible to meet Mr B’s adult social care needs. Mr B receives direct payments from the Council to arrange his own support.
6. We do not investigate all complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
7. Although Mr B felt worried about potential changes to his support, Mr B’s care and support needs were met over the time the Council was completing its assessment. So, any delay by the Council did not cause a significant injustice that would justify an Ombudsman investigation.

Back to top

Final decision

8. We will not investigate Mr B’s complaint because there is not a significant injustice to justify the Ombudsman’s involvement.

Back to top

Investigator's decision on behalf of the Ombudsman