Summary: We will not investigate this complaint about adult social care. This is because it is unlikely we would add to the Council’s investigation. The Council has accepted fault, apologised, and explained how it will improve future service. It is unlikely an Ombudsman investigation would achieve anything further.

The complaint

1. Ms D says the Council failed to give she and her father (Mr E) advice and support at a critical and stressful time in planning Mr E’s care to meet his changing needs. The Council delayed completing assessments which added extra stress to Ms D when she was unsure how to fund Mr E’s care when his finances were running low. Ms D had contacted the Council with plenty of time to sort everything before it got to that point. Ms D wants the Council to provide more support, even if that’s just referring to charities. Ms D would like the Council to stick to its procedures, undertake assessments when needed, and to push central government for more funding.

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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, or
• we cannot achieve the outcome someone wants.

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

3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council accepts delays in its process and a failure to meet its duty to give advice and support. The Council has acknowledged Ms D’s stress and apologised.
7. The Council has listened to Ms D’s suggestions on how to improve its service and is looking at working with relevant charities and improving services at its community bases.

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Final decision

8. We will not investigate Ms D’s complaint because it is unlikely we would add to the Council’s investigation or achieve a different outcome. We cannot achieve the outcome Ms D wants of changing the systems at central government level. Ms D may wish to contact her local MP about the wider adult social care processes.

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Investigator's decision on behalf of the Ombudsman