# SPSO Decision Notice on assessments

**URL:** <https://forum.sdsscotland.org.uk/t/spso-decision-notice-on-assessments/979>\
**Category:** Assessments\
**Created:** [21 June 2025 20:11 UTC](https://forum.sdsscotland.org.uk/t/spso-decision-notice-on-assessments/979 "2025-06-21T20:11:51Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![MidlothianGuy](https://avatars.discourse-cdn.com/v4/letter/m/e56c9b/32.png) [@MidlothianGuy](https://forum.sdsscotland.org.uk/u/MidlothianGuy)\
**Post date:** [21 June 2025 20:11 UTC](https://forum.sdsscotland.org.uk/t/spso-decision-notice-on-assessments/979/1 "2025-06-21T20:11:51Z")

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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](https://www.spso.org.uk/decision-reports/2025/june/decision-report-202406507-202406507) 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.

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**Author:** ![Josh](https://avatars.discourse-cdn.com/v4/letter/j/45deac/32.png) [@Josh](https://forum.sdsscotland.org.uk/u/Josh)\
**Post date:** [23 June 2025 12:20 UTC](https://forum.sdsscotland.org.uk/t/spso-decision-notice-on-assessments/979/2 "2025-06-23T12:20:33Z")

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Has this fixed the problems?

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**Author:** ![MidlothianGuy](https://avatars.discourse-cdn.com/v4/letter/m/e56c9b/32.png) [@MidlothianGuy](https://forum.sdsscotland.org.uk/u/MidlothianGuy)\
**Post date:** [23 June 2025 12:52 UTC](https://forum.sdsscotland.org.uk/t/spso-decision-notice-on-assessments/979/3 "2025-06-23T12:52:44Z")

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

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**Author:** ![Josh](https://avatars.discourse-cdn.com/v4/letter/j/45deac/32.png) [@Josh](https://forum.sdsscotland.org.uk/u/Josh)\
**Post date:** [23 June 2025 13:52 UTC](https://forum.sdsscotland.org.uk/t/spso-decision-notice-on-assessments/979/4 "2025-06-23T13:52:06Z")

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

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**Author:** ![MidlothianGuy](https://avatars.discourse-cdn.com/v4/letter/m/e56c9b/32.png) [@MidlothianGuy](https://forum.sdsscotland.org.uk/u/MidlothianGuy)\
**Post date:** [17 January 2026 19:52 UTC](https://forum.sdsscotland.org.uk/t/spso-decision-notice-on-assessments/979/5 "2026-01-17T19:52:00Z")

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Hello again, many months after my last update. This week we finally reached a conclusion to my ongoing saga - with some pushing back and constructive challenge, we’ve settled on a package that is just shy of five times the size that it was.

Given my needs are exactly the same as they were in the first assessment, it’s a poor reflection of the Council’s original assessment…

In summary, whilst the SPSO cannot enforce the regulations like a court can, it certainly seems to be an option worth considering.

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**Author:** ![Josh](https://avatars.discourse-cdn.com/v4/letter/j/45deac/32.png) [@Josh](https://forum.sdsscotland.org.uk/u/Josh)\
**Post date:** [18 January 2026 21:25 UTC](https://forum.sdsscotland.org.uk/t/spso-decision-notice-on-assessments/979/6 "2026-01-18T21:25:27Z")

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That’s an amazing result. Sounds like you did a good job. Have you learned anything from it in terms of what kind of approach gets results? You said constructive challenge was a part of it.
