The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s decision to reduce her care provision. This is because it is unlikely we would find fault in the Council’s decision.
The complaint
Miss X complained about the Council decision to reduce her care provision following an assessment.
Miss X complained the assessment left her feeling intimidated and she now has a lack of support.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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) 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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X was unhappy the Council reduced her care provision. The Council have provided evidence of its consideration of its decision to reduce Miss X’s care provision.
The evidence indicates the Council followed its process of assessment to decide how to meet Miss X’s needs and it explained why the hours could be reduced. The Council also referred its assessment to a Peer Forum which agreed with its decision.
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether a complainant disagrees.
An investigation is not justified because it is unlikely we would find fault with the way the Council made its decision.
Final decision
We will not investigate Miss X’s complaint because it is unlikely we would find fault in the Council’s decision.
Investigator's decision on behalf of the Ombudsman