Surrey County Council (07A11108)

Adult care services                      Maladministration causing injustice

11 November 2008

Surrey County Council’s failures denied a severely disabled young woman “the full enjoyment of her home and family life”. The Ombudsman said there was a delay of around two-and-half years in progressing matters that would have enabled her to live at home, which had been the aim of all parties for four years. The Council agreed to pay £5,000 compensation, and agreement had been reached on the extension that will be built.

‘Joanna Browning’ (not her real name for legal reasons) is a 24-year-old woman with quadriplegic cerebral palsy, epilepsy and asthma. The Ombudsman found that the Council was at fault in providing her with adult care services and that, as a result, there was a delay in carrying out adaptations to her family home that were required to enable her to live there permanently.

The Ombudsman’s investigation found that:

• in January 2004 it was agreed a community care assessment should be carried out, but it was not finally completed until June 2007;
• an occupational therapy referral was first made in March 2004 but was not completed until April 2006;
• the report that was then produced was wholly inadequate and focused only on matters that could be funded through the disabled facilities grant (DFG) process;
• a revised report taking account of Joanna’s mother’s comments took seven months to produce; and
• nothing was done to implement the report’s key recommendations until a separate ‘moving and handling’ report was completed.

The Ombudsman also found the Council at fault in not preparing better for Joanna’s move from her residential placement in July 2007. He considered there was a delay of around two-and-a-half years in progressing matters between March 2004 and May 2007, and that – as the Council accepted – this fault prevented Joanna from returning to live at home.

Remedy

In recognition of the significant injustice caused to both Joanna and her mother, the Council agreed to pay them £5,000 (comprising £4,500 for delay in progressing the works and the £500 for other distress and time and trouble).

The Council had already reviewed its processes in the light of this complaint. The Ombudsman recommended that, in addition, it should carry out a further review based on the findings in this report and to consider in particular whether any changes were needed to its liaison with partner bodies.

LGO satisfied with Council's response: 2 July 2009

Date Updated: 10/12/09