Summary: Ms B complained the Council delayed assessing her father’s (Mr D) care needs, delayed assessing his mental capacity to decide where to live, and delayed making a decision in his best interests. We have upheld these complaints. This meant Mr D stayed at a care home longer than necessary and has a debt of over £15,000, for care fees which he cannot afford to pay because the Council failed to act in his best interests. The Council’s actions also had an impact on Ms B’s mother (Mrs D) at a time she was suffering carer crisis. The Care Provider has pursued her for the fees, including threatening bailiff action, which has been distressing.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

To remedy the injustice caused, the Council has agreed to:

• Apologise to Mr D, Mrs D and Ms B for:
  • its delay completing an assessment of Mr D’s care and support needs;
  • its delay completing an assessment of Mr D’s mental capacity;
  • its delay completing a best interests decision for Mr D;
  • failing to consider whether it was necessary and proportionate for Mr D to remain away from home, given his human right to enjoy his home peacefully; and
  • failing to adequately support Mrs D at a time of carer crisis.
• The Council has told the Care Provider it will take over responsibility for the outstanding care fees, so it should stop pursuing Mrs D. The Council will pay the outstanding care fees.
• Pay Mrs D £500 to acknowledge the distress caused by the pursuance of the care fees over the last year, and the distress caused by not having a clear plan for Mr D’s care and support from April to October at a time of carer crisis.
• Pay Ms B £250 to acknowledge her time and trouble pursuing the complaint and supporting her parents at a time there was no clear plan for Mr D’s care and support.
• Review the reasons for the delays in this case and implement any identified improvements to service.
• Give relevant staff training on applying the Human Rights Act 1998 to adult social care cases. So that staff are aware when the Articles of the Act might be engaged, and what is required of them to ensure individuals’ rights are not unlawfully interfered with. And that the Council documents any consideration it has to the Human Rights Act 1998 in individual cases.

The Council has wholeheartedly accepted our recommendations, is committed to improve, and has already started acting on the recommendations. The Council has started improvement work by reviewing its Mental Capacity Act documentation, making necessary changes to it, and issuing guidance to staff. We welcome the Council’s commitment to learning from past mistakes.

Ombudsman satisfied with Council's response: 17 June 2021

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