Summary: There is no evidence of fault by the Council in the way it assessed Mrs Y’s care needs.

The complaint

1. Mr X complains the Council is failing to provide the care and support his mother needs to live safely.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have:

• considered the complaint and discussed it with Mr X;
• considered the correspondence between Mr X and the Council, including the Council’s response to the complaint;
• considered care assessments and care & support plans obtained by this office;
• considered relevant legislation.

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What I found

Relevant legislation

5. 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. They must provide an assessment to everyone regardless of their finances or whether the council thinks the person has eligible needs. 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.
6. Councils must carry out assessments over a suitable and reasonable timescale considering the urgency of needs and any variation in those needs. Councils should tell people when their assessment will take place and keep them informed throughout the assessment.

Background

7. Mr X says he has been asking the Council to provide adequate care for his mother, Mrs Y, because she cannot live alone safely.
8. Mrs Y now lives in a private rented property. Prior to this she lived in her own home with Mr X. The records show Mrs Y has the capacity to make decisions about her accommodation needs and that she has insight into her care needs.
9. Mr X says Mrs Y requires round the clock care and providing this whilst Mrs Y lived with him affected his personal life, as such he could no longer keep her in his own home. Mr X rented a house nearby so that Mrs Y can live with the support of a carer and/or a family member constantly, but the Council is not providing adequate support which means the family are having to provide care on a rota basis.
10. The Council’s records show Mrs Y has had multiple assessments and reviews. I have had sight of all the relevant documents. The most recent assessment was completed on 15 September 2021 and reviewed again on 28 September 2021.
11. Mr Y was present during the assessment. An interpreter was also present. The assessment concluded Mrs Y had eligible care needs and that she required support with personal care, dressing, nutrition and managing continence, a commode was identified and ordered to prevent the risk of falls.
12. The Council offered to explore the use of a fall’s detector and lifeline. Mr X declined both offers.
13. Mrs Y did not meet the criteria for a residential care placement, in any event she clearly expressed no wish for a such a placement. She expressed a wish to return to live with Mr Y, which Mr Y says is not possible. The Council also offered to refer Mrs Y to extra care sheltered housing. Mr X declined this offer.
14. The Council arranged three care visits a day seven days a week. A day centre placement was also offered, which Mrs Y declined..

Analysis

15. It is not the Ombudsman's role to decide what, if any, care and support a person needs. That is the Council's role. The Ombudsman's role is to consider if the Council has followed the correct process for establishing a person's needs and if it acted correctly when this process was complete.
16. The evidence shows the Council assessed Mrs Y’s care needs properly. It took account of all relevant information, and Mrs Y’s wishes. The Council identified Mrs Y had eligible care needs and provided care to meet those meets. It also offered additional support services, lifeline, and a falls detector, to support Mrs Y in her own home, which Mr X declined.
17. Mr X does not agree with the outcome of the assessment, but I cannot question a decision just because someone disagrees with it. I must consider if there was fault in the way the decision was made. The Council assessed Mrs Y’s needs in line with the Care Act and Statutory Guidance. The assessments are detailed and set out Mrs Y ’s needs and how these may be met. There was no fault in the process.

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Final decision

18. The complaint will be discontinued. There is no evidence of fault by the Council in the way it assessed Mrs Y’s care needs.
19. It is on this basis; the complaint will be closed.

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Investigator's decision on behalf of the Ombudsman