The Ombudsman's final decision
Summary: Mr A complained the Council caused delays in implementing his care package. The Council agreed it caused a delay. We found the Council at fault, but it has offered an appropriate remedy. We have not therefore recommended that any further remedy is due.
The complaint
Mr A complains the Council made a decision not to implement his care provision until it could find a single carer to do this. He complains he was not asked before the Council made this decision.
Mr A would like the Council to provide multiple carers and increase his assessed need.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) If we are satisfied with an organisation’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)
What I have and have not investigated I have not investigated whether Mr A’s assessed need should be increased as this is not a function of this office. My investigation has looked only at the decision the Council made to wait until it could source a single carer to provide Mr A’s needs.
How I considered this complaint
I have considered information provided by the Council and Mr A, alongside the relevant law and guidance.
Mr A and the Council have had a chance to comment on a draft decision before this final decision was made.
What I found
What happened The Council assessed Mr A’s care needs in July 2023. The assessment concluded Mr A needed three hours of community support each week.
The Council contacted three agencies to source a support worker. One agency said it could not help. One did not respond. The third visited Mr A in October 2023, and said it could provide two carers who would attend for one and a half hours each.
The Council decided Mr A’s needs would be better met by a single carer, so declined the offer of care from the third agency.
In January 2024, Mr A complained he had not been provided with any care.
In its response to the complaint, the Council explained it had felt one carer providing one to one care would be more suitable for Mr A’s needs.
The Council acknowledged that it had declined the offer of two carers without discussing this with Mr A, and that it did not keep Mr A informed. It also acknowledged that it had caused a delay in providing any care to Mr A.
The Council contacted a different agency, who visited Mr A and made an offer to provide a single carer in February 2024, which he accepted.
The Council apologised to Mr A and made a payment of £350 in recognition of the delays and any distress it had caused him.
Mr A complained to the Ombudsman as he says the Council should provide him with more carers and says three hours of care is not enough to meet his needs. He says the Council is in the process of reassessing his needs.
Analysis and Findings The Council assessed Mr A’s needs in July 2023, and no offer of care was forthcoming until February 2024. The delay here is fault.
The care provision was intended to help Mr A with his correspondence as he struggles with reading and writing, to prompt him to do his household tasks, and help him to take part in more social activities. He has been without this help for six months longer than he may have been if the Council had not delayed. This is an injustice.
Mr A says he needs more care than he is receiving, however, the Council is now providing the care it assessed. The reassessment of Mr A’s needs will determine whether he needs any additional care.
The Council has already apologised for the identified fault. It has also made a payment of £350 which is appropriate for the injustice caused. I am not therefore recommending any additional remedy.
Final decision
We found the Council to be at fault, but it has already appropriately addressed the fault.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman