Summary

A woman complains on behalf of her adult son who suffered spinal injuries paying sport in 2013. Her complaint is about how the council decided what care her son needed - in particular the way the council dealt with her son's request to employ her as his carer using direct payments.

The complaint

A woman complains on behalf of her adult son who suffered spinal injuries paying sport in 2013. Her complaint is about how the council decided what care her son needed - in particular the way the council dealt with her son's request to employ her as his carer using direct payments. The council's decision meant that while it had assessed the man as needing 76 hours of care a week, the direct payments agreement it set up was for 48 hours care a week.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

We recommend that the council:

• apologise to the man and his mother for the faults identified in our report;
• review its procedures;
• develop a risk assessment framework for support planning and provide a copy to us;
• provide training and/or written guidance to staff;
• retake its decision whether the man can employ his mother for more than 48 hours a week taking into account Government guidance on balancing choice and risk;
• discuss and update the man's support plan and direct payment agreement to include his social hours and share it with him;
• pay the woman the equivalent cost of the 76 hours a week care she has provided from 6 January 2014 until the date it retakes its decision about the number of hours her son may employ her;
• pay £250 to the man in recognition of the uncertainty and distress caused by the council;
• pay £250 to the woman in recognition of the uncertainty and distress caused by the council;
• pay a further £100 to the woman for her time and trouble in bringing the complaint.

The council has agreed to carry out these recommendations.

Ombudsman satisfied with council's response: 23 June 2016

 

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