A weekly update on adult social care complaint decisions

Please note: our decisions are published six weeks after they are issued to councils, care providers and the person who has made the complaint. The cases below reflect the caselaw and guidance available at the time of issue and the individual circumstances of each case.

Danforth Care Brampton Limited (24 017 265)

Summary: Mr B complained on behalf of Mr J that Sid Bailey Care Home, operated at the time by Danforth Care Brampton Ltd, wrongly charged him for his care. We found no fault in the charges, but distress was caused by not advising Mr B of an underpayment sooner. The care provider did not properly deal with Mr B’s complaint. It has agreed to apologise for the distress and time and trouble caused.

Stratford Bentley Ltd (25 010 015)

Summary: We will not investigate this complaint about an increase of care fees. There is not enough evidence of fault in the Care Provider’s decision to justify our involvement.

Birmingham City Council (25 016 567)

Summary: There was fault on the part of the Council in the way it communicated the care charges to Ms B using the wrong email address. As a result, she thought the invoice had been cancelled. The care charges remain due for payment, but the Council should remedy the injustice to Ms B by apologising, implementing an instalment plan and making a payment to her recognising the injustice caused.

Surrey County Council (25 021 096)

Summary: The Council has ensured that supported living accommodation close to Mr and Mrs X’s home is operating to reduce risks and meet the care needs of the tenants. There is no evidence of fault by the Council.

Coventry City Council (25 021 557)

Summary: We will not investigate Mrs X’s complaint about how the Council explained funding arrangements for a Disabled Facilities Grant for her child because there is insufficient evidence of fault. We will not investigate the Council’s calculations relating to funding because the Council accepted it had missed an item from its calculations, apologised, and provided the funding. An investigation by the Ombudsman is unlikely to achieve anything further.

Surrey County Council (26 010 065)

Summary: We will not investigate X’s complaint about how the Council considered their application for a blue badge. There is not enough evidence of fault to justify investigating.

Redwood Tower UK Opco 1 Limited (25 023 177)

Summary: We will not investigate this complaint about the quality of care provided at a private residential home or its charging. This is because the complaint is late and there are no good reasons Mrs X did not complain to us sooner.

North Northamptonshire Council (25 026 171)

Summary: We will not investigate this complaint about the care provided for Mr X. Investigation would be unlikely to lead to a finding that he suffered significant injustice as a result of fault.

London Borough of Haringey (25 026 240)

Summary: We will not investigate Ms X’s complaint about the care and support provided by the Council and direct payments. There is insufficient evidence of fault to warrant an investigation.

City of Wolverhampton Council (26 004 819)

Summary: We will not investigate this complaint about Mrs X’s Blue Badge application because there is not enough evidence of fault in the way the Council considered her application, appeal and complaint to justify an investigation.

Sheffield City Council (26 005 673)

Summary: We will not investigate this complaint about Mr X’s Blue Badge application because there is not enough evidence of fault in the way the Council considered his application, appeal and review to justify an investigation.

London Borough of Ealing (26 005 966)

Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his blue badge application. There is not enough evidence of fault to justify investigating.

London Borough of Ealing (26 006 076)

Summary: There is not enough evidence of fault in how the Council considered Miss X’s application to justify investigating. Any injustice due to a letter sent in error, is not significant enough to justify our involvement.

London Borough of Ealing (26 006 147)

Summary: We will not investigate Mr X’s this complaint about how the Council handled his application for a blue badge. This is because there is not enough evidence of fault to justify investigating.

London Borough of Ealing (26 006 565)

Summary: We will not investigate Mr X’s complaint about how the Council considered his application for a blue badge. There is not enough evidence of fault to justify investigating.

London Borough of Hounslow (26 007 522)

London Borough of Waltham Forest (26 009 286)

Summary: We will not investigate Mr X’s complaint about how the Council considered his application for a Freedom Pass. There is not enough evidence of fault by the Council to justify investigating.

London Borough of Redbridge (25 012 901)

Summary: The Council was not at fault for how it charged Mr X for the care fees for the care of his late mother, Mrs X. The Council was at fault for the delay in responding to Mr X’s complaint. It was also at fault for not retaining a copy of the contract between Mrs X and the Care Home.

Wiltshire Council (25 017 244)

Summary: Mr X complains on behalf of his late mother, Mrs Y, the Council failed to give him information about the 12-week disregard and deferred payment plans. Mr X says this resulted in unnecessary work and stress. He says personal items had to be sold quickly meaning a loss of value to fund the care home. We have not found fault in the Council’s actions.

London Borough of Lewisham (25 020 534)

Summary: We have upheld this complaint. Investigation would likely find the Council at fault because it did not respond to Mrs X’s complaint about charges for adult social care. The Council has agreed to respond to the complaint within one month.

Cornwall Council (25 025 636)

Summary: We will not investigate this complaint about the Council’s decision it will not repay care costs paid by Ms X in 2022. This is because the complaint is late and there are no good reasons to investigate now.

Hertfordshire County Council (25 025 799)

Summary: We will not investigate this complaint about care and costs information provided by the Council for Ms X’s care. This is because the Council has upheld the complaint and offered a proportionate remedy during its own complaints process.

South Tyneside Metropolitan Borough Council (25 025 997)

Summary: We will not investigate this complaint that the Council shared Mr X’s personal information. This is because the Information Commissioner Office would be best placed to consider it.

Central Bedfordshire Council (25 029 681)

Summary: We will not investigate this complaint about the Council’s assessment of eligibility for a Blue Badge. This is mainly because the Council has agreed to complete a new assessment. We consider this to be a suitable resolution.

Peterborough City Council (26 001 841)

Summary: We will not investigate this complaint about the Council’s handling of Mr X’s Blue Badge application and appeal. This is because there is not enough evidence of fault in how the Council considered the matter to justify investigating.

Coventry City Council (26 002 426)

Summary: Mrs B complained that funding intended for her section 117 aftercare respite support was wrongly used to fund Personal Assistant hours instead. She also complained the organisations failed to review her support needs when required. She said she had suffered significant distress and frustration. We have decided to uphold Mrs B’s complaint. The organisations have agreed to take appropriate action to remedy the injustice caused to Mrs B.

Oldham Metropolitan Borough Council (26 004 222)

Summary: We will not investigate this complaint about making reasonable adjustments. This is because further investigation would not lead to a different outcome.

Kingston Upon Hull City Council (26 017 498)

Summary: We will not investigate this complaint about the Council’s offer of support to Mr X. There is no worthwhile outcome achievable by us investigating.

Leicestershire County Council (25 018 634)

Summary: The Council failed to put in place the care provision it had agreed for part of the period and misled Ms X. For the remainder of the period there is no fault by the Council. That meant Ms X and Y missed out on provision and experienced uncertainty. An apology, payment to Ms X and Y and guidance for officers is satisfactory remedy.

London Borough of Sutton (25 019 114)

Summary: The Council did not properly apply its guidance when it originally considered Mr Z's fuel costs as Disability Related Expenditure (DRE). We have not found fault in the Council's consideration of the other disputed DRE items. The Council has agreed to apologise for the frustration caused by the fault.

London Borough of Richmond upon Thames (25 025 189)

Summary: We will not investigate Ms X’s complaint about how the Council communicated with her about her mother. There is insufficient remaining injustice and insufficient evidence of fault to warrant an investigation.

Warwickshire County Council (25 026 056)

Summary: We will not investigate Mr X’s complaint that the Council failed to adhere to his reasonable adjustment, and about the Council employee’s conduct during a telephone call. This is because we could not add to the Council’s investigation, and any injustice is not significant enough to justify our involvement.

Cheshire East Council (25 027 482)

Summary: We will not investigate this complaint about a debt owed for care fees to Ms X’s organisation by a former resident who was waiting for the Council to complete a financial assessment. The Court of Protection is considering a best interests decision and the resident’s family will then pay the care fees owed. There is no worthwhile outcome achievable by our investigation.

Kent County Council (26 004 853)

Summary: We will not investigate this complaint about Miss X’s Blue Badge application because there is not enough evidence of fault in the way the Council considered her application and review to justify an investigation.

London Borough of Barnet (26 005 383)

Bury Metropolitan Borough Council (25 017 346)

Summary: The Council accepted minor errors in an assessment of Ms X’s sight loss. This did not amount to fault. The errors did not impact the outcome of the assessment. The Council has tried to engage with Ms X and offer her both support for her sight loss and wider care support.

Somerset Council (26 015 910)

Summary: We will not investigate this complaint about the Council’s actions relating to a housing adaptation. This is because it is a late complaint and there are no good reasons to exercise discretion to consider it now.

East Sussex County Council (26 017 373)

Summary: We will not investigate this complaint about how the Council considered Mr X’s blue badge application. The complaint is late and there are no good reasons for us to exercise discretion to consider it now. We will not investigate Mr X’s further complaint about how the Council handled his data and his requests for data because the Information Commissioner’s Office is better placed to consider it.

Harbour Healthcare Ltd (25 011 271)

Summary: We have found fault in the care home’s record keeping and communications during the end-of-life care for Mrs E. This meant that there was uncertainty on how the decisions were made in the end-of-life care and this caused distress and uncertainty to Mrs E’s family. The care home has agreed to apologise and to carry out a service improvement.

London Borough of Barnet (25 020 858)

Summary: We will not investigate this complaint about funding of adult social care. There is not enough evidence of fault to justify investigating and further investigation would not lead to a different outcome.

Nottinghamshire County Council (25 025 276)

Summary: We will not investigate this complaint about the Council failing to carry out an assessment and attempting to force Ms X to negotiate financial support. This is because there is insufficient evidence of fault by the Council.

London Borough of Southwark (25 025 487)

Summary: We will not investigate this complaint about Mr X’s charges for adult social care. There is insufficient evidence of fault by the Council to warrant investigation by the Ombudsman.

Kingston Upon Hull City Council (25 025 697)

Summary: We will not investigate this complaint about a debt for adult social care charges the Council says Mr X owes and must pay. There is not enough evidence of fault to justify investigating.

Stockport Metropolitan Borough Council (25 028 280)

Summary: We will not investigate this complaint about the Council’s handling of a Blue Badge application. There is not enough evidence of fault in the Council’s actions.

London Borough of Hackney (25 031 129)

Summary: We will not investigate this complaint about the Council's refusal of a Blue Badge application because further investigation would unlikely lead to a different outcome.

Cumberland Council (26 000 004)

Summary: We will not investigate Miss X’s complaint about the Council’s support and decision making in relation to her mother, Mrs Y, who is known to the Council. This is because we do not consider Miss X to be a suitable representative to complain on behalf of her mother.

Bupa Care Homes (ANS) Limited (26 013 210)

Summary: We will not investigate Mr X’s complaint about disturbance from the Care Provider’s Care Home which neighbours Mr X’s property. This is because we could not add to the previous investigation and there is another body better placed to consider his concerns.

London Borough of Lambeth (26 014 703)

Summary: We will not investigate this complaint about the Council’s actions relating to a care and support plan. This is because part of the complaint is late and I have not seen evidence of good reasons why a complaint could not have been made to us sooner. Nor will I investigate a complaint about the Council’s decision to review that plan. It would be reasonable for Ms X to allow the Council to complete a review.

Cheshire East Council (25 022 321)

Summary: We will not investigate this complaint about an incident in a care home, which Mrs X believes caused her mother’s death. We could not add anything meaningful to the investigation that has already been carried out by the coroner, and we cannot achieve the outcome Mrs X seeks. We have no power to investigate the coroner’s actions as the coroner was not carrying out a function of the local authority.

Suffolk County Council (25 024 289)

Summary: We will not investigate Ms X’s complaint about how the Council carried out a Care Act assessment. This is because any injustice is not significant enough to justify an investigation by the Ombudsman.


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RECIPE INDEX | COOKBOOK

Your Guide to A Cozy Thanksgiving

Over the next few weeks, I’m sending you a few little tasks at a time to help you tackle Thanksgiving without the last-minute scramble. We’ve all put things off and regretted it later. Let’s make life a little easier this year!

It’s the first week of November, and we’re starting with my favorite part: the menu. A little preparation goes a long way, so let’s figure out who’s coming and what you’re serving!

This week’s to-do list:

Get a head count. Check who’s coming and ask about any dietary restrictions.
Pick your recipes. Start with a main, a few sides, and dessert (pie, of course). Leave room for everyone’s must-haves.
Share the cooking. When someone asks what they can bring, give them a specific dish. You don’t have to make everything!

Need a starting point? Here are five very good contenders:

Spatchcock Mojo Turkey

A super simple turkey with big bright flavor! Spatchcocking allows the turkey to cook quickly without drying out.

get the recipe

Cacio e Pepe Mashed Potatoes

Buttery potatoes with Pecorino Romano and black pepper. All the comfort of mashed potatoes with a little extra oomph!

get the recipe

Stuffing Muffins

Sausage, bread, and herbs baked into individual portions with crisp edges and soft centers. This recipe is for the people who always reach for the corner piece (aka me)!

get the recipe

Fall Harvest Salad

Kale, roasted delicata squash, pepitas, and pomegranate seeds bring some crunch and color. I always need a little something fresh and green on the table.

get the recipe

Cranberry Sauce

Something bright and tart to go with all those buttery sides. It's easy to make ahead (you can freeze it too), so you can check it off your list before the holiday cooking gets busy.