Summary: There was fault by the Council as it delayed putting in adequate care and respite care for Miss X’s mother for 9 months. A payment of £2000 is a satisfactory remedy to this complaint, to help Miss X during a very difficult time.

The complaint

1. The complainant, Miss X, complains the Council delayed putting adequate care in place for her late mother, Ms Y, after an assessment in February 2020.
2. Miss X also complains the Council has carried out carers assessments without getting her opinion.

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What I have investigated

3. I have investigated events from February 2020 until January 2021 when Miss X complained to the Ombudsman. The final section of this statement contains my reason for not investigating the rest of the complaint.

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The Ombudsman’s role and powers

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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)
5. 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

6. I read the papers put in by Miss X and discussed the complaint with her.
7. I considered the Council’s comments about the complaint and any supporting documents it provided.
8. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

9. Miss X cared for her mother at home. Ms Y received 2 visits per day from carers, 45 minutes in the morning and 30 minutes in the afternoon totalling 8.75 hours per week from 2009 onwards.
10. A social worker carried out a review of care arrangements in January 2020. The support plan proposed carers to visit for 12.25 hours a week (one hour am and 45 minutes pm) and 3 hours per week sitting service for respite as a direct payment to be used flexibly from February 2020 onwards.
11. The increased support proposed in February 2020 did not go to panel for approval until November 2020. This care package started in December 2020.
12. The Council accepts there was significant delay in progressing the increase in Ms Y’s care package recommended in February 2020. The Council has said that it would normally expect it to be put in place within a month. Instead it took 9 months. This was fault. So, Ms Y did not receive the extra 3.5 hours per week care and Miss X did not receive the 3 hours per week respite for 9 months.
13. I cannot see any evidence that a separate carers assessment was carried out on Miss X. However, I can see the care and support assessment for Ms Y did consider the impact of caring on Miss X and her need for respite care.
14. Since December 2020 Ms Y’s health became worse, her care needs increased and she died in August 2021. While I cannot consider these events, as they were not part of the original complaint put to us, I am mindful of Miss X’s concerns that if the delay had not occurred, her mothers health, due to pressure sores may not have deteriorated so quickly.
15. As there has been fault by the Council that has caused injustice to Miss X and Ms Y, I have to consider what remedy is appropriate. There was 9 months when Miss X and Ms Y did not receive the extra care and respite care that was proposed. So, I do consider the remedy to their distress at not being provided with the extra care should be a substantial one. This can be used to help at what is obviously a difficult time.

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Agreed action

16. The Council should pay £2000 to Miss X within one month of the date of the decision on this complaint.

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Final decision

17. I have completed my investigation of this complaint. This complaint is upheld. I consider the payment referred to is a satisfactory remedy to the injustice caused.

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Parts of the complaint that I did not investigate

18. I have not investigated matters that occurred after January 2021. This is because they happened after Miss X complained to the Council and it had an opportunity to consider her complaint. Ms Y care needs changed and I consider that these events should be considered as a new complaint if Miss X wishes to.

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Investigator's decision on behalf of the Ombudsman