Summary: We will not investigate this complaint about the Council failing to respond to questions straightaway, and not allowing the council where the complainant lives to respond. This is because there is not enough evidence of fault to justify an investigation. The Council is the responsible body to meet the complainant’s adult social care needs, and has a communication plan in place to respond to his questions.

The complaint

1. Mr C says the Council makes him wait for its reply and does not answer all his thoughts and questions which makes him unhappy. Mr C would like the council where he lives to manage his care support.

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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:

• there is not enough evidence of fault to justify investigating, or
• 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))

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How I considered this complaint

3. I considered information provided by Mr C and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr C receives adult social care support from the Council. Mr C lives in a different council’s area. But Worcestershire County Council remains responsible for meeting Mr C’s care and support needs. It is responsible to answer any concerns he has about his care support, and this is why the other council tells Mr C it cannot help him.
6. Mr C asks many questions. Sometimes the Council cannot give him the information he wants, for example if it is about someone else.
7. The Council has told Mr C he should first speak with his support worker about his concerns. If the support worker cannot answer the question, they can agree whether to send an e-mail to the Council if a response is needed from Mr C’s housing provider, care provider, social care worker, or the appointee who manages his money. If Mr C’s query is urgent, he can telephone. The Council sends Mr C weekly e-mails unless the staff are not working that week. Mr C receives weekly e-mails from his care provider, from his social care worker, and from his appointee.
8. Under the Equality Act 2010 disabled people can ask the Council to make reasonable adjustments to its service. The Council has explained to Mr C it is not reasonable to expect it to respond to every question straight away.

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Final decision

9. We will not investigate Mr C’s complaint because there is not enough evidence of fault by the Council. It is not reasonable to expect the Council to respond straightaway, despite Mr C’s disability. The Council has explained to Mr C a communication plan to respond to his concerns.
10. There is also no fault in Worcestershire County Council dealing with Mr C rather than the council where he lives. This is because Worcestershire County Council remains responsible for meeting Mr C’s adult social care needs, even though he lives outside its area.

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Investigator's decision on behalf of the Ombudsman