Summary: We will not investigate Mrs X’s complaint about the Council’s refusal to arrange care from her chosen provider. There is not enough evidence of fault to justify investigating.

The complaint

1. Mrs X complains on behalf of her daughter, Ms Y about the Council’s refusal to arrange Ms Y’s care from a provider of her choice. She says the Council did not follow the correct assessment process.
2. She also complains about delays in receiving Ms Y’s care and support plan.

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The Ombudsman’s role and powers

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 Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council assessed Ms Y to have eligible care needs. Mrs X asked the Council to arrange Ms Y’s care through a service provider known to her due to her anxiety. She says Ms Y would not cope with meeting another new person.
7. The Council considered Mrs X’s choice of service provider and said its hourly rate exceeded set rates agreed centrally. It said if Mrs X and Ms Y wished to access care from their chosen provider, then a top-up payment from Ms Y or a friend or family member would be required to meet the difference in rates. Alternatively, it could source an appropriate personal assistant through an alternative provider.
8. Mrs X says the Council’s offer is unsuitable for Ms Y’s needs, and that it did not follow the correct assessment process by completing a financial assessment first.
9. The Council said it would source a suitable personal assistant who would build a rapport with Ms Y and that a financial assessment was not requested because Mrs X and Ms Y had declined to pay a top-up or accept care from an alternative provider. It reassured Mrs X that it was not declining to offer suitable services to Ms Y.
10. I appreciate Mrs X is unhappy but there is not enough evidence of fault by the Council to justify an investigation. The Council assessed Ms Y and agreed to arrange suitable, cost-effective care in line with its guidance. Therefore, I will not investigate Mrs X’s complaint.
11. Mrs X says she had to chase the Council to obtain Ms Y’s care and support documents. I note that, in its complaint response, the Council arranged to send this to Mrs X. On balance, I consider any delay has not caused a significant enough injustice to warrant an investigation.

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Final decision

12. We will not investigate Mrs X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman