SPSO Decision Notice on assessments

Hello everyone,

Some of you will be aware of my ongoing challenges with Midlothian Council in regards to my assessment. This resulted in escalating my complaint to the Ombudsman.

The Ombudsman’s decision has now been published online and I hope it might be useful in other people’s cases. In short, the Ombudsman has re-confirmed that:

  • Care assessments should be clear, comprehensive, in line with relevant legislation and guidance, and completed in a timely manner.
  • If risk ratings are changed or there is disagreement as to whether risks meet the critical/substantial eligibility criteria, the council’s position should be fully explained.
  • An individual’s financial position should not influence their needs assessment (there was evidence on file to suggest that my financial means may have been a factor in assessing my needs and risks)

If this report is helpful in your case, please do feel to reference it. And if you need any further details, send me a message.

Has this fixed the problems?

Surprisingly, the service have accepted the findings. The assessment isn’t complete yet; so time will tell what meaningful difference it makes.

Sounds promising. I’m interested in any updates if you’re willing to share in future.

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