New adult social care complaint decisions

View online 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. West Sussex County Council (20 012 527) Summary: Ms C complained about the care her (late) brother received, which was commissioned by the Council at an extra care accommodation complex. Ms C said that a lack of care support resulted in distress to her and her brother. We found there was some fault with the way in which Mr B was supported and the way in which the care provider communicated with Ms C. The Council has agreed to apologise for this and pay Ms C a financial remedy for her distress. Essex County Council (21 000 206) Summary: We find fault with an NHS Trust and Council regarding the discharge planning process for the late Mr Y when he left hospital. The NHS Trust also failed to ensure Mr Y continued to receive treatment for a fungal infection. The Council failed to assess Mr Y's care needs and its care provider failed to properly assess and meet Mr Y's needs. The Council failed to properly investigate the safeguarding concern raised when Mr Y was readmitted to hospital and did not notify Mr Y's daughter, Ms X, of the outcome. This meant Mr Y did not receive the care and support needed after his hospital discharge. The organisations have agreed to apologise to Ms X and make a symbolic payment to acknowledge the distress this caused her. The organisations have also agreed to take action to prevent a recurrence of the faults identified. Sheffield City Council (21 001 107) Summary: Ms C complained about the way the Council responded when she asked the Council to carry out a needs assessment for her father. She said this caused her distress. We found there was fault with the way the Council eventually carried out the needs assessment. The Council has agreed to apologise for this to Ms C and review the way it plans and carries out (refresher) training for its staff on carrying out such assessments. Barnsley Metropolitan Borough Council (21 002 901) Summary: Mr X complained his mother's care home billed him for unpaid care charges two and a half years after his mother passed away. Mr X says this situation has caused distress and upset to him and his family. The Ombudsman found fault with the Council for failing to pay Mrs Z's top-up charges despite placing her in a residential care home. The Council proposed to clear the debt owed to the care home. The Ombudsman considers this proposal suitable to reflect the fault in this case. Lincolnshire County Council (21 003 946) Summary: There was no fault in the way a council dealt with a dispute between family members about where Mrs Y should live. The council acted in line with the Mental Capacity Act by taking each member of the family's views into account as well as Mrs Y's. Staffordshire County Council (21 004 378) Summary: The Council acted in line with Care and Support Statutory Guidance before reducing Mr X's care hours and direct payment. So there was no fault. Lancashire County Council (21 004 565) Summary: Mr X declined many opportunities to move from the care home where he was placed in 2015. There is no reason the Council should have investigated his complaint six years later or should waive the bill for his fees. East Sussex County Council (21 006 916) Summary: The investigation into the way the Council dealt with Mrs Y's direct payments will be discontinued. The Council has proposed a fair remedy and we would not be able to add anything to the outcome. London Borough of Enfield (21 007 833) Summary: We will not investigate this complaint about the Council's failure to properly communicate care fees. This is because the Council has already provided a suitable remedy and there is nothing further we could achieve. Sefton Metropolitan Borough Council (21 010 735) Summary: We will not investigate this complaint about how the Council dealt with him and his mother whilst his mother was in care. This is because this is a late complaint and there are no good reasons for us to investigate now. Barchester Healthcare Homes Limited (21 011 338) Summary: We will not investigate this complaint about care provided to Mr X's father Mr Y. This is because Mr X is not a suitable person to bring this complaint as he does not have consent from the executor of Mr Y's estate. Kent County Council (21 011 541) Summary: We will not investigate this complaint about the Council issuing incorrect invoices for care services. This is because the Council has already taken suitable action to remedy the complaint. Mr X has raised further concerns about invoices issued after the Council responded to his complaint, however the Council has not had an opportunity to respond to this complaint. North Yorkshire County Council (21 005 312) Summary: There was no fault by the Council in a complaint that alleged fault with the Council's handling of social care and financial matters involving the complainant's late mother in law. Oxfordshire County Council (20 004 066) Summary: The Ombudsmen find there were failings in the way a Council and Trust handled a safeguarding referral and a subsequent complaint about the same matter. However, there is no evidence this led to a personal injustice. We look at individual complaints about local public services and all registerable social care providers in England. We remedy injustice and share learning from investigations to improve services. When we find a council or care provider has done something wrong, we recommend how it should put it right. We are free to use and make our decisions independently. Find out more about us at www.lgo.org.uk Manage preferences or unsubscribe Contact us

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