East Sussex County Council (24 016 834)

Category : Adult care services > Assessment and care plan

Decision : Not upheld

Decision date : 28 Feb 2025

The Ombudsman's final decision:

Summary: Miss X complained that the Council had failed to comply with recommendations from previous case 23015944. She said the Council has failed to arrange a day to complete the core assessment to correct any inaccuracies. The Ombudsman does not find the Council to be at fault.

The complaint

  1. The complainant, Miss X, complains the Council has failed to comply with recommendations from previous case 23015944. She said the Council has failed to arrange a day to complete the core assessment to correct any inaccuracies.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
  2. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
  2. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Summary of the key events

  1. In the previous case, the Council completed a core assessment in June 2023 for Miss X’s son, Mr Y. But Miss X said there were inaccuracies in the assessment. The Council agreed to complete the 2024 core assessment and correct any inaccuracies.
  2. The Council met with Miss X on the 1 October 2024. The notes state changes to the assessment were discussed and it was agreed that some amendments would be made. The Council explained that once the support plan had been authorised, it would make the amendments to the core assessment.
  3. The core assessment was sent to Miss X on the 24 October 2024. This included amendments to the:
    • has anything changed in your life recently section;
    • current education section;
    • staying safe at home section;
    • dealing with risk section;
    • outcomes; and
    • main reason for needing support section.
  4. Miss X contacted the Council in early November 2024. She said she was not in agreement with the changes that had been made to the core assessment. The Council agreed to allocate a new social worker who would go through the assessment with her.
  5. The Council allocated a new social worker the following month.
  6. There was a meeting in February 2025. It was decided a further meeting would be held in February to complete a detailed review of Mr Y’s care act assessment and discuss the identified inaccuracies.

Analysis- was there fault by the Council causing injustice?

  1. The intention of the first remedy was to correct factual inaccuracies. I have reviewed the June 2023 assessment against the October 2024 assessment. The October 2024 assessment does contain some changes after speaking with Miss X at the start of the month. These are detailed in paragraph 8.
  2. In my view the Council has complied with the previous remedy, but Miss X continued to disagree with the amendments made. The LGO cannot comment on disagreements about the Council’s professional judgment.
  3. The Council has agreed to complete a detailed review of Mr Y’s care act assessment and discuss the identified inaccuracies. The Council said if Miss X raises further points of difference, it will ensure her views are documented on the plan. It will then be for the Council to decide what information it chooses to update. If Miss X disagrees with the assessment, she will have the right to appeal via the Council’s appeals process.

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Decision

  1. I have completed my investigation on the basis there was no fault in the Council’s actions.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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