Essex County Council (23 014 514)

Category : Adult care services > Assessment and care plan

Decision : Upheld

Decision date : 08 Feb 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about delay allocating Mr Y a social worker. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

  1. Mrs X complained about delay allocating her adult son, Mr Y, a social worker between November 2020 and September 2023. She said the delay caused frustration and distress. She wants the Council to acknowledge the error, apologise for this and improve its service.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. In its complaint response to Mrs X, the Council upheld that Mr Y had waited a prolonged period to be allocated a social worker. It provided some reasons for the delay and said it had now allocated Mr Y a social worker.
  2. Mrs X was dissatisfied with the response and brought the complaint to us. She said although the Council had upheld the complaint, the response had lacked empathy and the Council had not apologised for the error. It had also not explained what action it would take to prevent other families receiving the same poor service.
  3. If we investigated this complaint, it is likely we would find the Council at fault because it upheld Mrs X’s complaint but has not provided an appropriate remedy for the injustice caused.
  4. We therefore asked the Council to consider remedying the injustice caused by its actions by writing to Mrs X and Mr Y to apologise for the delay and to explain what action it was taking to improve its procedures and ensure others did not experience a similar level of poor service.

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Agreed action

  1. The Council agreed to resolve the complaint and within one month of this decision, will write to Mrs X and Mr Y to apologise for the significant delay allocating Mr Y a social worker between November 2020 and September 2023. It will also explain to Mrs X what action it has taken to improve its service and reduce delays in allocating social workers for assessment and reviews.

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Final decision

  1. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X and Mr Y.

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Investigator's decision on behalf of the Ombudsman

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