Summary: Mr X complains the Council failed to complete the remedy agreed on a previously upheld Ombudsman complaint. There is no fault by the Council in respect of three of the outstanding elements. In respect of the other issue, the Council did not properly explain its position to Mr X which is fault. It should now take action to rectify this and invite Mr X to request a new care assessment if he is ready to engage with the assessment process.

The complaint

1. Mr X complains the Council failed to complete the remedy agreed as a result of a previously upheld Ombudsman complaint.
2. Mr X says he is not receiving the help he needs because a social care assessment has not been completed.

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The Ombudsman’s role and powers

3. 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. As part of the investigation, I have:
• considered the complaint and the documents provided by the complainant;
• made enquiries of the Council and considered the comments and documents the Council provided;
• sent my draft decision to both the Council and the complainant and taken account of their comments in reaching my final decision.

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What I found

6. Mr X has physical and mental disabilities which affect his mobility, communication and behaviour. Mr X says that his mobility is reducing and he experiences increased levels of chronic pain. He says that this reduction in mobility had increased his social isolation and he now spends most of his day alone in his home.
7. A previous complaint to the Ombudsman was determined in October 2016. We upheld the complaint and made 11 recommendations. The Council did not complete all the recommendations and so we opened a new complaint about this failure. In August 2018, we upheld that complaint and made a further four recommendations as follows:
• offer Mr X another assessment, to be completed as soon as possible and within two months of the final decision. It should make the initial offer in writing, by post, providing Mr X with information about how he should contact the Council. In view of his previous difficulties, it is not appropriate for the Council to ask Mr X to contact the usual customer first contact centre;
• provide Mr X with a list of questions at least one week in advance to help him prepare for the assessment;
• consider how it might provide advocacy support to Mr X throughout the assessment process; and
• consider whether working jointly with the mental health service would now be appropriate and if so, take action to arrange this.
8. The August 2018 decision required the Council to provide evidence it had completed the agreed actions. In November 2018, the Council provided a copy of an action plan and a letter from the social worker to Mr X. We noted the social care assessment had not yet been completed but decided the information provided was satisfactory. Our policy on data retention means we do not keep most documents more than 12 months after a case is closed. In August 2019, the majority of documents on this file were destroyed and so I do not have copies of the documents provided by the Council in November 2018.
9. Mr X contacted us again saying the Council had still not completed a social care assessment as agreed in August 2018. I am now investigating a complaint about the Council’s actions from August 2018 onwards.
10. In October 2018, Mr X’s social worker contacted his GP in respect of a mental health referral. The GP said Mr X had not engaged with the mental health service or taken up the counselling offered. The social worker told the GP he was trying to find an agency to assist Mr X and the GP said he would advise any agency that became involved.
11. The Council wrote to Mr X on 29 October 2018 suggesting possible dates to complete the social care assessment. In the letter the Council gave details of how Mr X should make contact with the Council. It also asked if Mr X wanted the Council to contact other advocacy organisations that could assist him. The Council received no response from Mr X.
12. The Council wrote again on 26 November 2018 suggesting further dates and offering to find an advocate. The Council did not receive a response to this letter.
13. The Council says Mr X contacted the Council on 28 January explaining he had not responded to the previous letters because he was seeking a review of the Ombudsman’s previous decision. He asked the Council to contact him.
14. Mr X contacted the Council again on 4 February saying he had not received an appointment.
15. The chronology of events provided by the Council in response to my enquiries about its actions from August 2018 onwards shows the next action was a letter of complaint from Mr X to the Council in July 2019. In response to my draft decision, the Council provided some further evidence which showed contact between Mr X and the Council’s complaints team in March 2019.
16. Following a telephone conversation with Mr X, the Council produced a document setting out Mr X’s complaint and sent it to him. The Council asked Mr X to sign and return the form, amended if necessary, in an enclosed stamped addressed envelope. The Council said Mr X did not return the document.
17. Following contact from Mr X in July, the Council wrote to him on 29 July saying some of the issues he was raising were considered previously and would not be looked at again. It said his complaint about the most recent care assessment would be responded to within 20 working days.
18. The Council wrote again to Mr X on 21 August. It said the Council had completed a care assessment in April 2017 and that it had followed up the actions agreed at that meeting. It gave him some further information about how to request a new care assessment.

Analysis

19. This complaint concerns the recommended actions set out in the Ombudsman’s decision dated 24 August 2018. There were four recommendations and I will deal with each one in turn.

Offer Mr X another assessment, to be completed as soon as possible and within two months of the final decision. It should make the initial offer in writing, by post, providing Mr X with information about how he should contact the Council. In view of his previous difficulties, it is not appropriate for the Council to ask Mr X to contact the usual customer first contact centre.

20. The information provided shows the Council wrote to Mr X on 29 October and 26 November suggesting dates to complete another care assessment. The letter included details of the agreed communication protocol which was for Mr X to email the duty desk. This was agreed rather Mr X emailing a named social worker as the duty desk is always staffed whereas a specific social worker may not be at work to read an email.
21. On the basis of the information I have seen, I am satisfied this recommendation was carried out by the Council. However, it would appear the matter was left unresolved. The Council says there is potential for Mr X to contact the Council again to request a new care assessment and this is why it did not notify Mr X the case was closed.
22. Mr X did contact the Council in January and February 2019. There is nothing to suggest the Council responded to either of these emails. In his email of 28 January, Mr X asked the Council to contact him. I have not seen evidence to show it did. Even if the Council was not closing the case, it should have responded to Mr X’s emails. It should have explained it was willing to carry out the care assessment but needed Mr X to agree a date when it could visit to do this. I consider the Council’s failure to properly respond and explain the situation to be fault.

Provide Mr X with a list of questions at least one week in advance to help him prepare for the assessment

23. It is acknowledged Mr X has problems with communication. This recommendation was made to help Mr X with this and ensure he was prepared for the care assessment visit. As no date for a care assessment was ever agreed between Mr X and the Council, the need to provide questions one week in advance never arose. I find no fault on this point but trust that when a date is arranged, the Council will carry out this recommendation and provide the list of questions in advance.

Consider how the Council might provide advocacy support to Mr X throughout the assessment process

24. The information provided by the Council shows it previously made referrals to two different agencies regarding advocacy for Mr X. It also approached another agency as a possible advocate. The referrals were not successful.
25. The Council’s letters dated October and November 2018 included an offer by the Council to approach other advocacy agencies if Mr X still wanted this. Mr X did not respond to this offer and so the Council has not taken further action. However, it will make a new referral for advocacy support if Mr X wants this to happen.
26. I am satisfied this recommendation was carried out by the Council. While an advocate has not yet been identified the offer was made and the Council remains willing to pursue this on behalf of Mr X.

Consider whether working jointly with the mental health service would now be appropriate and if so, take action to arrange this.

27. The information provided shows the Council did make contact with Mr X’s GP about working with mental health services. It would appear Mr X did not engage with the services offered.
28. I am satisfied this recommendation was carried out by the Council and there is no evidence of fault.
29. I have found fault in that the Council did not properly respond to Mr X after his emails in January 2019. I note the Council has not closed his case and it is willing to undertake a care assessment if Mr X engages with the assessment process.

Agreed action

30. Within one month of my final decision, the Council should write to Mr X with details of who he should contact to arrange a new care assessment and request an advocacy referral. Once a date is arranged. I would expect the Council to provide the list of questions in advance as previously agreed.

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Final decision

31. I will now complete my investigation as an appropriate remedy is agreed.

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Investigator's decision on behalf of the Ombudsman