The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not providing a social work service to Mr X. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient evidence of fault.
The complaint
Mr X complains the Council will not provide him with a social work service and it refuses to deal with him.
The Ombudsman’s role and powers
We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 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))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault to justify investigating. Mr X is still receiving services from the Council at his previous address, and it is responsible for resolving the dispute over who provides care.
Investigator's decision on behalf of the Ombudsman