Summary

Mrs B complains the Council failed to agree a Deferred Payment Agreement for her sister, Ms C. Ms C’s money is running out and family have stepped in to pay her care fees. Mrs B also says the Council delayed dealing with her complaint.

Finding

The Ombubdsman upheld the complaint and found fault  causing injustice.

Recommendations

To remedy the injustice caused the Council has agreed to:

• apologise to Ms C and Mrs B for failing to explain the issue of ordinary residence and how it affected the request for a Deferred Payment Agreement (DPA), for the delay in sending the completed assessment, for its failure to complete an accurate assessment, and for the failure in its complaint handling; and
• pay £350 to Mrs B for her distress, time and trouble in trying to resolve matters caused by these faults; and
• remind relevant staff of the importance of giving service users, and anyone they wish it to be shared with, a copy of their assessment; and
• remind relevant staff of the importance of carrying out independent assessments, and recording them accurately.

We also recommend the Council takes the following action:

• The Council has completed an assessment in March 2018 which decided Ms C needs residential care. The Council should backdate this to November 2016 as we cannot rely on the November 2016 assessment. Therefore, the Council should offer a DPA from November 2016. If Ms C accepts, the Council will need to arrange back payment of fees and place a charge on the property accordingly. The Council should offer the DPA, and if accepted, complete the DPA arrangements as soon as possible.

The Council has not yet agreed to this recommendation.

Ombudsman satisfied with Council's response: 3 October 2018

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