Summary: We will not investigate this complaint about the way the Council treated the complainant in relation to an Occupational Therapy assessment. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, says the Council did not properly consider his complaint. He says the Council caused medical and financial damage for which he wants compensation. He accuses the Council of medical negligence, discrimination and extortion.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (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 X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. The Council’s Occupational Therapy team (OT) was asked to do an assessment to support Mr X’s housing application. The team tried to call Mr X but could not reach him. Based on the information it had it wrote a report.
5. Mr X disagreed with the report so the Council invited Mr X to have a face to face assessment. Mr X said he would only attend if the Council provided transport. After considering various options the Council arranged a taxi.
6. Mr X attended the assessment. The OT team then made recommendations as to the type of property that would be suitable for his needs. The Council closed the case and explained the outcome to Mr X.
7. In response to his complaint the Council denied treating Mr X unfairly or discriminating against him. It said it is usual to close a case once the assessment has been completed and it arranged a taxi to support his specific needs.
8. I will not investigate this complaint because there is insufficient evidence of fault. The Council responded appropriately by assessing Mr X’s needs, arranging a taxi and reconsidering the case when it received comments from Mr X. There is nothing to suggest the Council treated Mr X unfairly and nothing to indicate we need to start an investigation. There is nothing more I would have expected the Council to do.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman