Summary: We will not investigate this complaint about adult social care. We are satisfied with the Council’s investigation and proposed actions in response to the complaint. It is unlikely an Ombudsman investigation would achieve anything significantly different, so an investigation is not justified.

The complaint

1. Ms B says the Council failed to complete a proper assessment of her adult social care needs by a qualified deafblind assessor. The Council wrongly removed Ms B’s package of support which caused loss of independence and distress.

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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:

• 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 may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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.
6. I considered the Ombudsman’s guidance on remedies.

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My assessment

7. The Council has thoroughly investigated Ms B’s complaint, accepted fault where fitting, and proposed suitable action in response. Including reinstating Ms B’s care package, backdating missed payments, a symbolic payment to acknowledge her distress, reassessment by a suitable assessor, and procedural improvements.
8. I recognise there has been a significant impact on Ms B and her family, but it is unlikely an Ombudsman investigation would add to the Council’s investigation or achieve anything significantly different.
9. The Council has identified a suitably qualified person to complete Ms B’s care needs assessment. Any concern about delay in arranging the assessment or the outcome once known is a new issue of complaint. Ms B would need to first complain to the Council and can raise a new complaint with the Ombudsman if needed.

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Final decision

10. We will not investigate Ms B’s complaint because we are satisfied with the actions the Council has taken and proposes to take. It is unlikely an Ombudsman investigation would achieve a significantly different outcome, so investigation is not justified.

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Investigator's decision on behalf of the Ombudsman