Thursday, June 2, 2022

New adult social care complaint decisions

adult social care

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.


Summary: Mrs Y complained about the reablement service the Council provided for her and her late husband, and the care charges they were asked to pay. We have found fault by the Council, in failing to provide clear information about the review of their reablement care, causing injustice. The Council has agreed to remedy this by apologising, waiving some initial charges, and making a payment to Mrs Y to reflect her upset and service improvements.

Summary: We investigated a complaint about the care the Nursing Home provided to Mrs Y and the Council's safeguarding investigation. We found fault with the record keeping and complaint handling by the Nursing Home and that the Council's safeguarding investigation was not completed on time. These faults caused avoidable frustration to Mr X. We recommended an apology and service improvements to address this injustice.

Summary: Ms X complained the Council failed to arrange a follow up safeguarding meeting as agreed, in relation to concerns a care home failed to call an ambulance in response to her mother's seizures. The Council's failure to communicate clearly with Ms X amounts to fault. This fault has caused Ms X distress and uncertainty and put her to unnecessary time and trouble.

Summary: Mr X complained the Council failed to clearly communicate or respond properly to his queries about the payment arrangements for his late mother, Mrs Y's care. The Council was at fault. There were errors in communication around Mrs Y's finances, delays in responding to his complaint, and it failed to keep Mr X updated about Mrs Y's care. The Council has agreed to apologise and pay Mr X £200 to acknowledge the uncertainty and frustration this caused. It has agreed to review its procedures to prevent a recurrence of the faults.

Summary: There was fault in how the Council considered a Blue Badge application. The Council had already addressed the injustice this caused to the complainant, by offering her a face-to-face mobility assessment, but it has now also agreed to review other recent decisions it has made, to determine whether other applications were affected by the same fault.

Summary: We will not investigate Mrs X's complaint about the Council's actions after a relative died intestate. That is because there is not enough evidence of fault to justify our investigation.

Summary: We will not investigate this late complaint about the standard of care in a care home. There is not a good reason Mrs X did not complain to us sooner.

Summary: Mrs Y complained about the quality of care provided to Mr Y by Kibworth Court Residential Home, on behalf of the Council, and the Council's response to, and investigation of, her concerns about his care. We have found fault by Kibworth Court in failing to keep accurate records, and properly assess Mr Y's skin condition, causing injustice. The Council has agreed to remedy Kibworth Court's faults by apologising to Mrs Y and making a payment to reflect her distress, and providing evidence of the action taken to improve Kibworth Court's service.

Summary: Ms X complained the Council failed to notify her it had started a safeguarding in respect of her father and failed to complete the investigation and explain the reasons for this decision. The Council closed the safeguarding investigation prematurely in error, which is fault. It has now completed a retrospective safeguarding investigation reaching a decision that is unlikely to have been different even if it had been completed sooner.

Summary: The Council was at fault for delays in arranging funding for Mr B's residential care. This meant his savings were depleted and he built up a large debt with the care home. The Council has now paid the debt and reinstated Mr B's savings. It has also agreed that a senior manager will investigate and brief staff on the Council's failings in this case, and it has agreed to pay Mr B's son-in-law £250 to recognise the time he spent on the complaint.

Summary: We did not uphold complaints about the late Mrs Y's care at the end of her life. We were satisfied the Care Provider offered appropriate care around eating and drinking, obtaining health care and communicated well with the family.

Summary: We will not investigate this complaint about the domiciliary care provided to the complainant's father. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. For some parts of the complaint there is not enough evidence of fault, in others the personal injustice is not significant enough. For the rest of the complaint, it is unlikely we could add anything to the Care Provider's response.

Summary: We will not investigate this complaint about the involvement with the complainant after his ex-wife was taken to care because these events happened too long ago. Furthermore, we cannot investigate any complaint relating to the care of the complainants late ex-wife because he is not a suitable representative.

Summary: We cannot investigate this complaint about the actions of a Private Care Provider. This is because the actions complained of fall outside of our jurisdiction to investigate as they do not relate to the provision of adult social care.

Summary: We will not investigate this complaint about the way the Council dealt with issues regarding a Disabled Facilities Grant. This is because the complaint has been made late.

Summary: We will not investigate Ms B's complaint about an accident her father, Mr C, had whilst being transported in the Care Provider's vehicle. This is because further investigation could not add to the Care Provider's response.

Summary: We will not investigate this complaint about the Council's actions regarding Mrs X's mother prior to her death. This is because there is an ongoing Domestic Homicide Review which will consider the Council's actions and it would not be appropriate for us to investigate as the same time.

Summary: We will not investigate this complaint about the care the complainant's husband received and the Council's response to her complaint. We would not be able to add anything significant to matters already investigated.

Summary: The Ombudsmen found there was fault by a Council and a care provider with supervision levels. The care provider took action which remedied this issue satisfactorily. We found fault by a care provider with weight monitoring and foot care, but we were unable to say this caused an injustice. The Ombudsmen also found fault with how the care provider reported accidents involving a resident's Motability car. The care provider has agreed to our recommendation that it makes a payment to address the financial loss an insurance claim would not cover.

Summary: The Council failed to complete a care plan prior to Mr Y's admission to a care home and failed to respond appropriately to concerns about his wellbeing and the alleged behaviour of a carer. It also failed to keep in touch with Mr X during and after a safeguarding investigation and failed to provide an adequate complaint response.


This email was sent to ooseims.archieves@blogger.com using GovDelivery Communications Cloud on behalf of: The Local Government and Social Care Ombudsman · 53-55 Butts Road · Coventry · CV1 3BH GovDelivery logo

No comments:

Post a Comment