Thursday, July 7, 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: Ms X complained on behalf of the late Mrs Y about the care she received and the way the Council dealt with safeguarding concerns. She says this caused Mrs Y and her family much distress and they would like the Council to learn from this case. We find the Council at fault in both the care provided and the safeguarding process. We recommended it apologise, refund 50% of Mrs Y's care costs and take action to avoid similar problems in future. It has agreed to take these actions.

Summary: Ms Z, on behalf of Mr X, complained about the Council's actions in respect of a Care Act assessment and its failure to properly communicate with him about this causing distress. There is evidence of fault as the Council delayed in providing the care package, failed to provide full advice about the financial assessment and failed to properly communicate with him. A remedy is agreed in addition to the actions already taken by the Council.

Summary: Mr M complains on behalf of his mother, Mrs F, about the Council's decision that she deprived herself of assets to avoid paying towards her care costs. We have not found fault.

Summary: We will not investigate this complaint about Mrs B's Care Provider giving notice to quit. This is because further investigation could not add to the Care Provider's responses.

Summary: Mrs X complained on behalf of her brother-in-law, Mr Z, about the way the Council assessed his need for care and support and its decision that he had no eligible needs. She says he has unmet needs. It has also put her and her husband under extra strain and pressure as Mr Z's main carers. We found no evidence of fault by the Council.

Summary: Mr X complained the Council was refusing to meet his assessed care needs leaving him without appropriate support. The Council was not at fault. It carried out the agreed actions following a previous investigation, assessed Mr X's needs and offered Mr X support which he declined.

Summary: We will not investigate this complaint about neglect to Ms Y in a care home at this time. There is an ongoing safeguarding investigation by the Council. We could not currently come to a sound decision about whether there was fault and, if so, the extent of any injustice it caused Ms Y.

Summary: We will not investigate this complaint about the Council's decision not to move Mr Y into an alternative care home. That is because there is insufficient evidence of fault to justify investigating.

Summary: Miss X complained about the way the Council handled her application for a Disabled Facilities Grant. She said the amount offered is not enough to meet the cost of the proposed works. Miss X said her life is at risk without access to accessible basics. We do not find the Council at fault.

Summary: the Council failed to properly inform Mr B about the financial implications of choosing a more expensive home in 2020 and failed to involve him in an assessment completed in 2021. An apology, payment to Mr B and reminder to officers is satisfactory remedy.

Summary: Mrs H complains the Council's contracted care provider failed to meet her assessed needs and terminated her care plan which left her without care and support. She also says care and support staff were not adequately trained and caused damage to her property while undertaking their duties. We found the Council failed to adhere to Mrs H's care and support plan which meant she did not receive the package of support she needed. However, the care provider was entitled to terminate Mrs H's care plan and we have not identified any other fault by the Council. Further, we have no jurisdiction to investigate and remedy Mrs H's allegation that care and support staff caused damage to her property.

Summary: Mr X complained the Council reduced his daughter's one-to-one activity support hours and failed to inform him it had done so. The Council was not at fault.

Summary: We will not investigate this complaint about care provided to the late Mr B. This is because further investigation could not add to the Council's response.

Summary: We will not investigate Mr X's complaint about the actions of an Appropriate Adult who was allocated to advocate for him after he was arrested in October 2020. This is because an investigation by this office could not add to the responses previously provided by the provider and the Council.

Summary: We will not investigate this complaint about the Council using Miss X as the point of contact for her neighbour's care. We are satisfied with the action it proposes to take, to provide a symbolic payment to remedy the distress and inconvenience it caused her.

Summary: Ms C disputes her late father's nursing home charges. The Care Provider's contract is unclear and not in line with guidance. This has caused uncertainty about charges. The Care Provider has agreed to apologise to Ms C and review its contracts, providing clarity on the fees and NHS-Funded Nursing Care (FNC) payments.

Summary: Miss F complains the Council delayed planning her son's transition to adult services. There was fault as the Council should have sought alternative respite providers sooner. The Council has agreed to make a payment to Miss F to acknowledge the impact the loss of respite for three months has had on her mental health.

Summary: Mrs B complained about the action the Council when her mother Mrs C was discharged from hospital and needed care. We found the Council at fault for failing to communicate with the family when Mrs C went into hospital, for failing to give clear and complete information about who would pay for the care and for delaying in carrying out a reassessment. But we consider the Council's actions in apologising and commissioning the care for 33 weeks is a reasonable way of putting matters right.

Summary: We will not investigate this complaint about the Council's failure to apply a property disregard when carrying out a financial assessment. This is because there is not enough evidence of fault by the Council in the way it reached its decision.

Summary: We will not investigate Mrs X's complaint about the therapeutic support she received at a privately funded residential unit. That is because we have no jurisdiction to investigate her substantive complaint.

Summary: We will not investigate Ms X's complaint about the standard of care her father received in his care home placement between 2010 and 2011. The complaint lies outside our jurisdiction because it is late and there are not good grounds to consider it now, over a decade on from the events complained about.

Summary: We will not investigate Mr X's complaint about Ms Y being discharged home without appropriate support because further investigation by the Ombudsman is unlikely to add to the Council's response.

Summary: We will not investigate this complaint about the actions of a care provider in relation to a fall in which the complainant's mother sustained an injury to her head. This is because there is nothing that investigation by the Ombudsman could add to those carried out by the Care Provider and by Council B's safeguarding procedures.

Summary: We will not investigate this complaint about an unsuccessful Blue Badge application because it is unlikely we would find fault by the Council.

Summary: We will not investigate this complaint about the way the Council treated a loan when it assessed the complainant's care costs. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about noise from a residential care home. This is because there is not enough evidence of fault by the Care Provider. If Mrs X thinks the noise from the care home is a statutory nuisance she can complain to the Council.

Summary: Ms C complains the Council has wrongly pursued her for arrears in home support charges and withdrawn her support. The Council is at fault for failing to communicate and assess charges properly and the way in which it reassessed Ms C's care needs. The Council has agreed to apologise to Ms C, complete a reassessment of her care needs including a support plan, and update invoices. It has also agreed to provide staff reminders, and if necessary training, about the completion of support plans.

Summary: We will not investigate this late complaint about the Council's management of Mrs Y's finances and alleged abuse in a care home. There is not a good reason Mrs X did not complain to us sooner.


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