Summary: Ms X complains on behalf of her mother, Mrs Y about the Council’s decision not to award the 12 week property disregard. She also complains about the Council’s decision to place her in an independent living community which caused her health to deteriorate. The Ombudsman finds the Council acted without fault.

The complaint

1. The complainant, whom I refer to as Ms X, complains on behalf of her mother, Mrs Y about the Council’s decision not to award the 12 week property disregard. She also complains about the Council’s decision to place her in an independent living community.

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The Ombudsman’s role and powers

2. 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)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), 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 this investigation:
• I considered the complaint by Ms X and the Council’s response.
• I discussed the complaint with Ms X over the telephone.
• I made enquiries to the Council and considered the information I received in response.
• I sent a draft of this decision to Ms X and the Council and considered comments received in response.

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What I found

6. The Care Act 2014 and supplementary guidance says when a council agrees to meet a person’s needs through residential care, the council must disregard the value of the person’s property from the financial assessment for the first 12 weeks. This gives the person time to sell their house before they must pay the full cost of the care home fees. In most cases, this disregard results in the person having to pay a reduced weekly care home fee during this twelve week period.

Background

7. In early April 2019 Mrs X contacted the Council’s adult social care team. Ms X was concerned about Mrs Y’s health and wellbeing at home as Mrs Y had suffered falls.
8. On 15 April 2019 a social worker visited Mrs Y at home. At the visit a district nurse was present and a member of the Council’s reablement team. The social worker discussed with Mrs Y the possibility of reablement carers visiting her to help provide support. After the meeting the Council referred Mrs Y for reablement support. This started on 23 April 2019 and Mrs Y received two calls per day from carers.
9. In May 2019 the social worker visited Mrs Y at home with Ms X and on 4 June 2019 the Council completed a care assessment of Mrs Y’s needs. The notes show Mrs Y’s wishes were recorded in the assessment. The assessment concluded Mrs Y had care and support needs. The outcome was to refer Mrs Y for a long term care package where carers would continue to assist her in her home. The Council subsequently produced a support plan detailing carers would continue to support Mrs Y with daily care calls.
10. The social worker carried out a further home visit on 21 June 2019 with Ms X present. Mrs Y said she was having issues with continence and had suffered falls. The social worker discussed the possibility of Mrs Y considering moving to an independent living scheme and Mrs Y agreed to visit a provider. The social worker also told Mrs Y it was unlikely she would meet the requirement for residential care. The social worker was satisfied Mrs Y had mental capacity to make decisions about her care.
11. On 22 June 2019 Mrs Y fell at home and was taken to hospital. The hospital notes say she was receiving one on one care and she had increased confusion.
12. On 2 July 2019 the social worker from the hospital met Ms X and Mrs Y to discuss a discharge plan. The social worker’s notes mention Mrs Y’s toileting and mobility are variable and she has short term memory issues. Mrs Y and Ms X agreed to a move into independent living accommodation on a temporary basis. This would enable Mrs Y to see what it was like living in this type of accommodation.
13. On 8 July Mrs Y moved into independent living accommodation. In the days that followed staff from the independent living accommodation raised concerns about Mrs Y to the Council. They said she could be confused and had tried to exit the building using the fire doors.
14. Mrs Y’s social worker informed Ms X about the concerns and agreed to monitor the situation. On 15 July 2019 the Council visited Mrs Y. The social worker considered Mrs Y did have capacity to make decisions about her care. During the visit Mrs Y said she liked the independent living accommodation.
15. A meeting also took place to discuss the concerns which had been raised about Mrs Y. This involved Mrs Y’s social worker, the service manager for the carers provided to Mrs Y, and a person from the housing team at the independent living accommodation. This resulted in a request for telecare equipment for Mrs Y and detailed record keeping about how Mrs Y is.
16. On the same day Mrs Y’s social worker telephoned Ms X to update her. Ms X was unhappy the Council visited Mrs Y without informing Ms X. Ms X disagreed Mrs Y had mental capacity. The social worker provided Ms X with details about how to raise a complaint.
17. Mrs Y’s social worker visited the independent living accommodation to look at the care records. The social worker also spoke with a manager at the independent living accommodation who felt Mrs Y was an ideal candidate for sheltered housing with extra care. The social worker also made further enquiries with staff from the independent living accommodation to ask them to record evidence so the concerns raised about Mrs Y could be assessed.
18. On 19 July 2019 the Council offered Mrs Y a bed at Care Home A, a residential home, for the weekend considering the concerns about Mrs Y trying to leave the building. Ms X did not agree to this move. Ms X said this was because she was away and did not want her mother moved to a new facility until she returned. The Council then agreed to fund an additional worker at the independent living accommodation to support Mrs Y over the weekend.
19. In late July 2019 Ms X told the Council she visited a residential care home, Care Home B, with Mrs Y and a room is available in four weeks. The Council notes say it would need to discuss funding and whether Mrs Y qualified for a 12 week property disregard. The Council confirmed a panel will look at this. Ms X says she did not find out about the 12 property disregard until after the panel refused to grant it.
20. On 6 August 2019 the panel considered Mrs Y’s case. The panel did not support a move to Care Home B as further discussions were needed around the support the independent living accommodation could provide Mrs Y. The Council also decided Mrs Y did not qualify for the 12 week property disregard.
21. On 13 August 2019 Ms X attended a meeting at the independent living accommodation to discuss the decision about the 12 week property disregard. The Council decided Mrs Y did not meet the 12 week property disregard as her needs could be met in the independent living accommodation and she did not require residential care. Ms X did say she was unhappy the panel form had been completed without the social worker meeting Mrs Y and the Council apologised for this. Ms X also said she felt Mrs Y’s health had deteriorated since moving into the independent living accommodation. The Council agreed to hold a review meeting with the panel members.
22. 20 August 2019 Mrs Y’s social worker visited her at the independent living accommodation. The social worker also had a discussion with the manager of the independent living accommodation about how Mrs Y was getting on. The manager said Mrs Y requires support with preparing meals and prompting to eat and drink. In addition Mrs Y sleeps well at night and requires very little support at night.
23. On 21 August 2019 a review meeting was held at the independent living accommodation to discuss the decision to refuse the 12 week property disregard should Mrs Y move to Care home B. Mrs Y’s social worker, the Service manager from the Council, Ms X, the housing manager at the independent living accommodation all attended the meeting along with the panel members.
24. The notes from the show the support Mrs Y was getting at the independent living accommodation was discussed. Ms X also had the opportunity to explain her concerns about the independent living accommodation being able to meet Mrs Y’s needs. Ms X said she was worried about incontinence issues. The panel members explained they considered Mrs Y’s needs are being met in the independent living accommodation and further support options could be explored.
25. On 22 August Mrs Y’s social worker visited her along with the team leader at the independent living accommodation. The notes say Mrs said she liked the independent living accommodation. In addition, staff from the independent living accommodation had been checking for wet clothes in Mrs Y’s flat but did not find any and believe continence issues have settled. The notes also reference Mrs Y’s capacity and that her social worker and the team leader thought she understood the conversation and could communicate her wishes.
26. In early September 2019 Ms X complained to the Council. Ms X said she:
• Disagreed with Mrs Y’s placement at the independent living accommodation.
• There has been poor communication between the Council and Ms X.
• Disagreed with the decision not to allow the 12 week property disregard for Mrs Y.
• Visits have taken place when Mrs Y does not have capacity.
• She would like the Council to move Mrs Y to Care Home B and allow the 12 week property disregard.
27. The Council responded to the complaint and said:
• Ms X did agree for Mrs Y to go into the independent living accommodation after being discharged from hospital. The Council was satisfied with the level of support provided here.
• There was a large amount of communication between the Council staff and Ms X.
• It is satisfied the decision not to award the 12 week property disregard was correct and is in line with the Council’s good practice guidelines to support people’s independence for as long as possible.
• Mrs Y has been visited by social workers and she has presented as confused at times, however she has been clear in her wishes and her mental capacity and accommodation has been considered by the Council when visiting her.
28. Ms X subsequently moved Mrs Y to Care Home B. Ms X remained dissatisfied with the Council’s response and complained to the Ombudsman Mrs Y was left in unsuitable accommodation and not awarded the 12 week property disregard.

Analysis

29. When considering complaints, we may not act like an appeal body. We cannot question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers. Instead, we focus on the process by which the decision was made.
30. Ms X is unhappy with the decision to place Mrs Y in the independent living accommodation and not to award her the 12 week property disregard when Ms X moved her into Care Home B.
31. From the evidence available I cannot find fault with the Council’s decision to place Mrs Y into the independent living accommodation. Ms X and Mrs Y were agreeable for Mrs Y to move into the independent living accommodation following Mrs Y’s discharge from hospital. Prior to this the Council carried out a care assessment of Mrs Y and advised she would not meet the requirements for residential care at this time.
32. While in the independent living accommodation there were concerns about Mrs Y leaving the building and continence issues. From the evidence available Mrs Y’s social worker arranged for detailed record keeping from the staff at the independent living accommodation and requested telecare equipment for Mrs Y. The Council also provided an extra worker for Mrs Y on a temporary basis. This was a reasonable response.
33. In relation to the 12 week property disregard the Council decided Mrs Y did not require residential care so did not qualify for this. The Council considered the support available to Mrs Y at the independent living accommodation and decided this could meet her needs. The Council also relied on the information provided by Mrs Y’s social worker and the reports from staff at the independent living accommodation when deciding it could meet her needs.
34. While I recognise Ms X disagrees with this decision it was a decision the Council was entitled to make.

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Final decision

35. I have completed my investigation and found there was no fault by the Council.

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Investigator's decision on behalf of the Ombudsman