Local Government Ombudsman
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Birmingham City C (04C16195)

Children & family services          Maladministration causing injustice

23 March 2006

The Council placed a young man who had a number of problems, notably Asperger’s Syndrome (a form of autism) in supported lodgings with ‘Ms Day’ (not her real name for legal reasons). Ms Day complained that the Council failed to assess the young man properly, failed to provide her with relevant details of his past, and did not pay her properly for providing his care.

The Ombudsman found that the decision by a multi-disciplinary meeting - that supported lodgings were appropriate for the young man in question - was taken properly. Although the risk assessment prepared about the young man was confidential and was correctly not shared with Ms Day, the Council should have provided her with more information about his previous behaviour. The Council has apologised to Ms Day for this omission.

The Council failed to review the young man’s progress quarterly, as originally agreed. It failed to complete an assessment on his 18th birthday, and again when such an assessment was agreed by a senior manager dealing with the initial stage of the complaint, then recommended by an Independent Investigating Officer and then required by a review panel.

The Ombudsman notes that the Council has now completed the young man’s assessment and care plan and has allocated a social worker for him.

The Ombudsman criticised the Council’s delay in resolving whether additional payments should be made to Ms Day. She said “It is completely unacceptable that there should be repeated delays in making payments when Ms Day, like many others, provides an invaluable service to the Council and incurs expenditure in so doing.”

The Ombudsman finds maladministration by the Council causing injustice to Ms Day, and has asked the Council to make her an immediate payment of £5,000, which includes £1,000 to recognise her time and trouble in pursuing the complaint. The Ombudsman has also made a number of specific procedural recommendations for the Council to consider within the next six months.

Date Published: 26/02/10