Summary: We will not investigate Mr X’s complaint that he has been denied access to adult care support services due to discrimination. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We are unlikely to find the Council has acted with fault.

The complaint

1. In short, Mr X complains that he has been denied access to adult care services as the Council is acting in a discriminatory way towards him.
2. Mr X says he would like the Ombudsman to investigate to enable him to access health care.

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The Ombudsman’s role and powers

3. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about the council’s actions or omissions. (Local Government Act 1974, sections 26B and 34D, as amended)
5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
6. We do not start an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

My assessment

9. The Care Act 2014 gives councils a legal responsibility to provide a care and support plan. The care and support plan should consider what needs the person has, what they want to achieve, what they can do by themselves or with existing support and what care and support may be available in the local area
10. Mr X says he has several medical conditions and is no longer registered with a GP surgery. Mr X also says he is agoraphobic, in poor physical and mental health living in unsuitable accommodation.
11. A previous needs assessment by the Adult Social Care team identified Mr X as being eligible for services under the Care Act.
12. I have read all the emails Mr X has sent into the LGSCO which includes the Council’s responses to him.
13. When we emailed the Council for its response to Mr X’s complaint, it sent us a copy of its email sent to Mr X in April which said (in summary):

• A social worker stopped the ‘support planning’ stage after Mr X requested this for religious reasons.
• The Council can restart the next stage by planning Mr X’s support.
• The Council has no remit to get Mr X reinstated with a GP’s surgery but is willing to chase this up for him with the local NHS service.

14. We will not investigate Mr X’s complaint as we are unlikely to find fault with the Council’s actions. I have seen information showing the Council has explained planning for his support services will start once Mr X provides consent for the Council to refer him to an advocacy agency. In any case, the crux of Mr X’s complaint concerns access to health care which lies outside the Council’s control.
15. We will not investigate other matters Mr X raises. We will not look at late complaints about matters going back four years as they are caught by the time bar on the Ombudsman’s remit. Matters arising from Mr X’s concerns with the Subject Access Requests are best dealt with the Information Commissioner’s office. And the Council’s failure to accede to Mr X’s requests for counselling or a smartwatch is not evidence of fault.

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Final decision

16. We will not investigate Mr X’s complaint because we are unlikely to find the Council acted with fault.

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Investigator's decision on behalf of the Ombudsman