The Ombudsman's final decision
Summary: We will not investigate Ms Z’s complaint about the Council reducing her care package. There is not enough evidence of fault.
The complaint
Ms Z complains the Council reduced her current care package of personal care from 15 hours 10 minutes to 7 hours 45 minutes per week. She says the new care package does not meet her needs and it is causing her stress.
The Ombudsman’s role and powers
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 (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
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. 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.
The Council says it conducted the assessment with Ms Z in her home, with her current personal assistant present. It says it assessed Ms Z’s health background, current health conditions, the symptoms and their effects.
The record of the assessment shows the Council’s assessment included: managing and maintaining nutrition, personal hygiene and toilet needs, being appropriately clothed, maintaining an appropriate environment, being safe in the home.
maintaining family and personal relationships.
I have considered the steps the organisation took to consider the issue, and the information it took account of when deciding to the new care package. There is no evidence of fault in how it took the decision and I therefore cannot question whether that decision was right or wrong.
Final decision
We will not investigate Ms Z’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman