Bournemouth, Christchurch and Poole Council (19 011 258)

Statement Upheld Direct payments 10-Aug-2020

Summary: Ms X complains that the Council did not tell her for a year that she should have been contributing to her care costs. She says the Council is now threatening legal action to recover the outstanding contributions. Ms X says this has caused stress, anxiety and worry. The Ombudsman finds the Council at fault for failing to send reminders or follow up with Ms X about her missed payments. The Ombudsman also finds fault because the Council delayed responding to Ms X about this matter. We find the fault caused Ms X injustice. The Council will apologise to Ms X and make a payment to her to remedy the injustice. The Ombudsman is satisfied that the Council is taking appropriate action to prevent a recurrence.

Slough Borough Council (19 017 798)

Statement Closed after initial enquiries Direct payments 04-Aug-2020

Summary: The Ombudsman will not investigate this complaint about how the Council dealt with the complainant’s direct payment account. This is because it is unlikely an investigation by the Ombudsman could add to the Council’s response.

London Borough of Tower Hamlets (19 015 533)

Statement Upheld Direct payments 28-Jul-2020

Summary: There was fault by the Council which took too long to set up a direct payment for Ms X so she could choose her own care provider. This caused avoidable frustration and meant she had to receive care from two agencies despite raising repeated concerns about the quality of those agencies. To remedy the injustice, the Council will apologise and refund fees.

London Borough of Camden (19 009 204)

Statement Upheld Direct payments 27-Jul-2020

Summary: Mr and Mrs X complained on behalf their son, Mr F, about the Council’s handling and administration of his direct payments. The Council was not at fault for how it decided to ask for evidence of expenditure to make a back payment of funds for the period June 2016 and July 2017. It was also not at fault for its decision to ask for repayment of £7775 for expenditure outside the direct payment agreement, or for restricting how Mr and Mrs X can use the funds. The Council was at fault for failing to refer Mr F to its support services after it agreed to do so in January 2018. The Council agreed to apologise to Mr and Mrs X and Mr F for the uncertainty this caused. It also agreed to contact Mr and Mrs X to ensure Mr F is receiving the appropriate support from services in line with his needs.

Oxfordshire County Council (19 004 582)

Statement Upheld Direct payments 24-Jul-2020

Summary: The Council failed to carry out timely reviews of Mrs X’s husband’s support plan. As a result of this, the Council did not identify sooner that Mrs X was not taking the respite which it had identified she needed. The Council has agreed to make a payment to Mrs X and take action to prevent similar failings in future.

Essex County Council (19 008 746)

Statement Upheld Direct payments 01-Jul-2020

Summary: Mr X complains that the Council gave inconsistent information to Mrs Y. It said she could not spend her budget as previously agreed so Mrs Y was left with increased risk and costs without the planned benefits. The Ombudsman finds the Council at fault in the way it dealt with this. It has agreed to apologise, pay at least £1,000 for dog training, and provide training to its staff.

Sandwell Metropolitan Borough Council (19 009 951)

Statement Upheld Direct payments 01-Jul-2020

Summary: Mrs Y complained for her deceased brother, Mr X, the Council delayed in setting up direct payments for Mr X’s care and failed to give enough information about managed direct payment accounts. The Council was at fault causing injustice to Mr X and Mrs Y. The Council has agreed to review its procedures for direct payments and managed accounts and to provide training to relevant staff.

Leeds City Council (19 014 796)

Statement Upheld Direct payments 10-Jun-2020

Summary: There was fault by the Council when it made a mistake and paid money into Mr B’s account by accident. The Council’s apology, which is has already made, is a satisfactory remedy of Mr B’s time and trouble in sorting the repayment out.

London Borough of Lambeth (19 019 744)

Statement Closed after initial enquiries Direct payments 12-May-2020

Summary: The Ombudsman cannot investigate Mr B’s complaint about the actions of the Council between 2016 and 2018. This is because the matters complained about are related to matters considered by a court. The Ombudsman will not investigate Mr B’s complaint about information he wants but says the Council has not provided, because the Information Commissioner’s Office (ICO) is better placed to consider the matter.

Norfolk County Council (19 019 073)

Statement Closed after initial enquiries Direct payments 07-Apr-2020

Summary: The Ombudsman will not investigate this complaint about Mrs G’s direct payments or the deductions being made from her carer’s pay. This is because we are unlikely to add to the Council’s own investigation. Nor is the injustice suffered significant enough to justify our involvement.