Summary: We will not investigate this complaint about continuity of adult social care when moving to another council area. Any fault of the Council does not cause the injustice of a lack of support once moved, because that was the responsibility of the new authority. There is no worthwhile outcome to justify an investigation. We cannot ask the Council to backdate care it was not responsible for.

The complaint

1. Mr F says the Council failed to ensure continuity of care, when his relative Mr G, moved out of its area. Mr F was told to cancel direct payments but given no advice or support in ensuring care would be in place following the move. Because of this, Mrs F has provided all support to Mr G despite her own health issues. Which has had an impact on both Mrs F and Mr G. Mr F wants the Council to backdate support Mr G has missed for ten months.

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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:

• any fault has not caused significant enough injustice to the person who complained to justify our involvement, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.
5. I considered the Care and Support Statutory Guidance, specifically chapter 20 about continuity of care.

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My assessment

6. The Council was responsible to meet Mr G’s adult social care needs when he lived in its area. It did this by giving him direct payments to arrange his care support.
7. Mr G told the Council he would be moving to another area. The continuity of care chapter sets out the process local authorities must follow to ensure that the person’s care and support continues, without disruption, during and after the move.
8. The authority to which Mr G was moving (authority X) should have completed an assessment of his needs and developed a care and support plan before he moved. If authority X could not do this before the move it must continue to meet Mr G’s needs in accordance with the Council’s care and support plan until it completes its own assessment.
9. Therefore, any fault of the Council does not cause the claimed injustice of Mr G’s needs not being met after he moved, and the needs of Mrs F in her carer role. That was the responsibility of authority X.

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Final decision

10. We will not investigate Mr F’s complaint because any fault has not caused a significant injustice to justify us investigating. The claimed injustice is not caused by the actions or inaction of the Council. The Council has apologised for any confusion but is not responsible for the new authority failing to meet the needs of someone living in its area. We cannot say the Council must backdate support that it was not responsible for so cannot achieve the outcome Mr F wants.

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Investigator's decision on behalf of the Ombudsman