Summary: The investigation into this complaint will be discontinued. Mr X complained the Council withdrew his overnight care. He no longer wishes to have such a service as he is satisfied with the overnight mobile carer call out service.

The complaint

1. Mr X complained the Council withdrew his overnight care.

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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 can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended

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How I considered this complaint

4. I considered the complaint and discussed it with Mr X, and made enquiries of the Council.

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What I found

5. Mr X has advanced progressive multiple sclerosis. He lives at home with his wife, Mrs X. Mrs X is deaf and has a life-threatening illness and needs regular hospital treatment.
6. Mr & Mrs X have carers during the day. Both need support with daily living activities. Since 2012 Mr X had overnight care.
7. The Council reviewed Mr X’s care and support needs on 13 May 2019, following which it decided to obtain a specialist health assessment to determine his need for overnight care.
8. A referral was made to Community Nursing Services. Due to the pandemic, there was a delay in the Community Nursing Team completing the assessment.
9. Following completion of the assessment, a social worker met with Mr X. The social worker explained his overnight care was going to end, and that it would be reduced over the course of several weeks
10. Mr X initially disagreed with the decision and asked the Council to reconsider. The Council had further discussions and meetings with Mr X and health professionals and convened a multi-disciplinary meeting. The Council maintained its position that Mr X did not need night-time care.
11. Mr X was dissatisfied with the Council’s decision and submitted a complaint to this office.
12. During the investigation Mr X used an overnight mobile carer call out service. Mr X is happy with the service and the fast response time. He wishes to continue to use this service and does not require overnight care at this time.

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Final decision

13. The investigation into this complaint will be discontinued. Mr X does not require overnight care at this time. He is satisfied with the overnight mobile carer call out service.
14. It is on this basis; the complaint will be closed.

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Investigator's decision on behalf of the Ombudsman