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Trafford Metropolitan Borough Council (05C11921)

Adult care services                      Maladministration causing injustice

26 July 2008

Trafford Metropolitan Borough Council failed in its legal duty to meet the needs of a disabled young woman. In her report, the Ombudsman recommends that the Council pays the young woman’s parents £1,000 per week for each week they have had to care for her since August 2005, excluding weeks they have received respite care, plus £3,000 for distress, anxiety, and time and trouble taken in pursuing their complaint.

‘Mr and Mrs Kaye’ complained that the Council failed to meet the needs of their adult disabled daughter, ‘Daisy’ (real names not used for legal reasons).

Daisy had been living at a centre partly funded by the Learning and Skills Council with the aim that this would provide a transition to her permanent adult placement. This transition placement finished in July 2005. The Council offered one permanent placement at an adult centre, which the family rejected. The Council did not reply to Mr and Mrs Kaye’s concerns about this centre, nor did it address their reasons for rejecting the centre. As no further offer was made, Mr and Mrs Kaye felt they had no choice but to care for their daughter in the family home. She remains there. Since September 2005 the Council has proposed a number of centres, none of which have been able to care for Daisy.

The Ombudsman found maladministration as the Council failed to meet Daisy’s needs and:

  • failed to use the transition period appropriately to find a permanent placement for Daisy - no serious attempt was made to find a placement until the end of the transition placement;
  • has not provided any evidence for its assertion that a centre could meet her needs nor provided any sort of transition plan for her move to it;
  • carried out a flawed needs assessment before she left her transition placement and failed to carry out a proper, thorough, agreed, up-to-date needs assessment for Daisy since July 2005; and
  • delayed considering and offering any support and help to the family whilst they struggled to care for Daisy at home - when provided, the ‘help’ was at best sporadic.

The Council believes that it could have insisted on the one placement it offered in August 2005, but did not do so because it wanted to forge a good working relationship with the family. The family feel they have been blamed for the lack of long term provision. The Ombudsman’s view is that Daisy’s needs have not been met and that should have been the most important aim for the Council.

The Ombudsman proposes that, as a remedy for the injustice, the Council:

  • pays Mr and Mrs Kaye £1,000 per week for every week they have had to care for Daisy since August 2005, but not including any weeks she has received respite care;
  • pays them £3,000 for their distress, anxiety, and time and trouble in pursuing the complaint with the Council;
  • ensures that an independent, impartial, credible and comprehensive assessment is made of Daisy’s needs and of Mr and Mrs Kaye’s;
  • produces a plan with a clear timescale for the action that it will take to identify and secure a long term placement for Daisy capable of meeting her assessed needs; and
  • reports to the Ombudsman six monthly on the progress it has made.

Date Published: 27/10/08