Summary: Ms X complained the Council refused to provide her with advocacy support. She also complained the Council did not complete the actions of a previous Ombudsman investigation. Ms X said this caused her distress and impacted her mental and physical health. The Council was not at fault.

The complaint

1. Ms X complained the Council refused to provide her with advocacy support. She also complained the Council did not complete the actions of a previous Ombudsman investigation. Ms X said this caused her distress and impacted her mental and physical health.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. 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

3. I read Ms X’s complaint and spoke to her about it on the phone.
4. I considered information provided by Ms X and the Council.
5. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background information

6. Sections 9 and 10 of the Care Act 2014 require councils to carry out an assessment for any adult with an appearance of need for care and support. They must provide an assessment to everyone regardless of their finances or whether the council thinks the person has eligible needs. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. It must also involve the individual and where suitable their carer or any other person they might want involved.
7. Councils must carry out assessments over a suitable and reasonable timescale considering the urgency of needs and any variation in those needs. Councils should tell people when their assessment will take place and keep them informed throughout the assessment.
8. An adult with possible care and support needs or a carer may choose to refuse an assessment. In these circumstances councils do not have to carry out an assessment. Where a council identifies that an adult lacks mental capacity and that carrying out a needs assessment would be in the adult’s best interests, it must do so.
9. Section 185 of the Health and Social Care Act 2012, sets out a council must make arrangements it considers appropriate for the provision of advocacy support to support someone submitting a complaint under a procedure operated by a health service body.
10. A previous Ombudsman investigation in July 2022, found fault with the Councils actions. The Council agreed to apologise, contact Ms X about completing a Care Act assessment including any issues about an assessment and discuss advocacy needs.
11. An advocacy service previously supported Ms X. The service worked with Ms X from 2018 and stopped its support in early 2021. The service said Ms X was doing an excellent job of advocating for herself and had the tools and information to continue.

What happened

12. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
13. The Council issued its apology letter, following the previous Ombudsman investigation, in July 2022.
14. A social worker visited Ms X in August 2022. The Council agreed to allocate a student social worker, Y, to provide temporary support to Ms X to support arranging medical appointments.
15. Y continued to engage with Ms X. Y arranged medical appointments, property repairs and liaised with other professionals to support Ms X.
16. In January 2023, Y told Ms X she would stop the support at the end of February 2023. The Council referred Ms X to the advocacy service again.
17. At the start of February 2023, the advocacy service responded to the referral. The service rejected the referral. It explained the service previously supported Ms X and she could advocate for herself. The service said it told Ms X of this decision in 2021. The service advised the Council Ms X was liaising directly with the health service and understood the complaints procedures.
18. The Council met with Ms X in May 2023. The Council offered Ms X a Care Act assessment. Ms X declined the assessment. Three days later Ms X contacted the Council and said she wanted no further involvement with any social care department.
19. Ms X contacted the Ombudsman in July 2023. The Ombudsman considered the case in October 2023 and asked the Council if it completed the complaint process. The Council advised it received communications from Ms X, but it did not receive a complaint from her.
20. The Council agreed to consider Ms X’s complaint. It issued a final response in February 2024. The response set out the agreed actions from the previous Ombudsman investigation. The Council said it issued the apology in July 2022. It said it contacted Ms X to discuss her needs and assessments. The response set out workers supported her and offered assessments. The Council said it contacted the advocacy service and explained why it did not accept the referral for Ms X.
21. Ms X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Ms X would like the Council to improve its service and financially compensate her.
22. In response to my enquiries the Council stated it engaged with Ms X until she requested no further support. The response said Ms X declined assessments on different occasions. The Council said it made reasonable adjustments to visit Ms X and allocated Y to provide short term support.

My findings

Previous investigation actions

23. Following the previous Ombudsman investigation, the Council agreed to apologise, contact Ms X about completing a Care Act assessment including any issues about an assessment and discuss advocacy needs.
24. The Council issued the apology letter in July 2022.
25. The Council visited Ms X about completing an assessment and any issues regarding the assessment. Ms X declined an assessment. Ms X also stated she did not want any involvement with social care departments. Ms X told the Ombudsman she did not want a Care Act assessment.
26. The Council discussed advocacy and referred Ms X to the advocacy service.
27. The Council completed all the previous investigations agreed actions. The Council was not at fault.

Advocacy

28. The law, set out in paragraph 10, requires a council to arrange for advocacy it considers appropriate to support someone complaining to the health service. The Council referred the matter to the commissioned advocacy service.
29. The advocacy service decided Ms X did not need support. It stated Ms X understood the complaint systems within the health service and could advocate for herself.
30. The Council did not provide advocacy support because the advocacy service determined Ms X understood the complaint process in the health service and could advocate for herself. The Council decided this was a suitable response. The Council was not at fault.

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Final decision

31. I have completed my investigation. I have not found fault by the Council.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman