Medway Council (19 016 209)

Statement Upheld Assessment and care plan 16-Nov-2020

Summary: Mrs X complains about the Council’s refusal to make an exception to the rule preventing her mother from using direct payments to pay for care from Mrs X. There is some fault in the way the Council considered the request. The Council has agreed to apologise and make arrangements to consider the request on the basis that Mrs Y will not accept care from non-family members.

Calderdale Metropolitan Borough Council (19 006 915)

Statement Upheld Assessment and care plan 13-Nov-2020

Summary: Ms C complained about the way in which the Council decided, on several occasions, that her mother should be discharged to her home, rather than into residential care. The Ombudsman found fault with the way the Council considered Mrs M’s capacity and the way in which the Council communicated with hospital staff. The Council has agreed to provide an apology and financial remedy to Ms C and her mother. It will also share the lessons learned with its staff and discuss with the hospital how it can communicate more effectively with hospital around discharges.

Worcestershire County Council (19 017 588)

Statement Upheld Assessment and care plan 13-Nov-2020

Summary: Mrs X complained on behalf of her parents, Mr and Mrs Y. She said the Council failed to properly explain third-party top-ups when arranging her father’s care and failed to offer a genuine choice of accommodation. The Council was not at fault in the choice of accommodation offered or in the information it provided about top-ups and financial assessments. However, it failed to complete the annual review of the third-party agreement causing Mrs Y financial hardship as she states she cannot afford the payments. To remedy the injustice caused, the Council has agreed to waive the top-up fees from July 2020.

Northamptonshire County Council (19 019 642)

Statement Upheld Assessment and care plan 13-Nov-2020

Summary: Mrs B complains for her son, C, that the Council’s Sensory Impairment Service within the education department, was unwilling to work with social care to continue support from a deaf tutor when C’s education ended. The Ombudsman finds that the Council was not at fault in failing to agree continued support from the tutor. However, there was fault in the failure to conduct a proper review or reassessment when that support came to an end. That led to injustice for which a remedy has been agreed.

Warwickshire County Council (20 005 820)

Statement Closed after initial enquiries Assessment and care plan 12-Nov-2020

Summary: The Ombudsman will not investigate Mr C’s complaint about the Council’s refusal to reimburse him the costs of nursing care he provided to residents it placed with him. This is because paying for nursing care is not an administrative function of the Council. It would be reasonable for Mr C to ask the court to consider whether the Council has complied with the terms and agreements of the contract.

Dudley Metropolitan Borough Council (19 009 828)

Statement Not upheld Assessment and care plan 12-Nov-2020

Summary: Mr X complains the Council was at fault in the way it provided support services to him to help with daily living skills and his hoarding habit. The Ombudsman has found no evidence of fault in the way the Council considered these matters so has completed his investigation.

Devon County Council (19 013 656)

Statement Upheld Assessment and care plan 11-Nov-2020

Summary: Ms X complains the Council failed to deal properly with the assessment of her care needs and unreasonably stopped her personal budget, leaving her without any support. There was no fault over stopping Ms X’s personal budget as, in effect, she made that decision herself. However, there was a failure to take a more flexible approach to assessing her needs. The Council needs to apologise, pay financial redress, identify and offer more flexible ways of assessing Ms X, and take action to prevent similar problems from happening again.

Leicestershire County Council (19 017 966)

Statement Upheld Assessment and care plan 11-Nov-2020

Summary: Mr K complains the Council ignored his requests for an assessment of his care and support needs, refused to appoint an independent advocate and did not deal with his complaint. The Ombudsman has found some fault which has caused injustice. The Council has already apologised. It has agreed to make a payment to Mr K to acknowledge the uncertainty caused.

Brighton & Hove City Council (19 000 201)

Report Upheld Assessment and care plan 10-Nov-2020

Summary: Ms M has been living in a care home, where she had been paying for her own care. When her capital reduced to £23,250 on 1 January 2018, she became eligible for Council funding. However, Ms M complains that when her capital reduced to £23,250, it took a long time for the Council to agree a personal budget that would be enough to continue to meet her needs. Instead, the Council told her she should move to a cheaper care home, even though the care homes offered by the Council were unsuitable and her GP said it would be detrimental for her mental and physical wellbeing to move to another home.

Sunderland City Council (19 021 225)

Statement Upheld Assessment and care plan 09-Nov-2020

Summary: The Council did not properly consider Ms X’s appeals against its decision about her father’s (Mr A’s) disability related expenditure allowances. There was also some delay in conducting both appeals and the Council agrees to apologise to Ms X and offer a payment in recognition.