Summary: The evidence shows the Council undertook a carer’s assessment in line with the Care Act in 2016. Since 2017 Mrs X has lived in residential care so no further carer’s assessment was appropriate.

The complaint

1. Mr X (as I shall call the complainant) complains that a social worker told him in 2013 and 2017 he could not have a carer’s assessment.

Back to top

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’. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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)

Back to top

How I considered this complaint

4. I considered all the information provided by Mr X and by the Council. We spoke to Mr X. Both Mr X and the Council had an opportunity to comment on this draft statement and I considered his comments before I reached a final decision.

Back to top

What I found

Relevant law and guidance

5. Where somebody provides or intends to provide care for another adult and it appears the carer may have any needs for support, the council must carry out a carer’s assessment. A carer’s assessment must seek to find out not only the carer’s needs for support, but also the sustainability of the caring role itself. This includes the practical and emotional support the carer provides to the adult.
6. As part of the carer’s assessment, the council must consider the carer’s potential future needs for support. It must also consider whether the carer is, and will continue to be, able and willing to care for the adult needing care. (Care and Support Statutory Guidance 2014)
7. The Care Act 2014 says the council may meet the carer’s needs by providing a service directly to the adult needing care. The carer must still receive a support plan which covers their needs, and how the council will meet them. The carer’s personal budget must be an amount that enables the carer to meet their needs to continue to fulfil their caring role. It must also consider what the carer wishes to achieve in their day-to-day life. Part of the planning process should be to agree how the carer will use the personal budget to meet their needs. (Care and Support Statutory Guidance 2014)

What happened

8. Mr X used to be a full-time carer for his elderly mother, who lived next door to him in her own home (which she still owns).
9. Mr X says a social worker told him in 2013 he was not entitled to a carer’s assessment: he says she was abrupt with him and told him he could not have an assessment because he was a man. The social worker he names says she has no recollection of meeting Mr or Mrs X in 2013 at the place Mr X mentions and did
10. Mr X says in 2016 he was told he was entitled to a carer’s assessment. The Council’s records show that a social worker who assessed Mrs X in 2016 also arranged for Mr X to have a carer’s assessment then.
11. The Council has provided me with a copy of the assessment which it undertook. The Council has also provided a copy of the care and support plan which it drew up for Mr X’s support as a carer.
12. The Council provided a budget of £400 to Mr X to enable him to take a break from his caring duties. The case recording shows the care and support plan, and a bank transfer letter, were sent to Mr X on 10 October 2016. Mr X says the £400 only lasted a month as he was paying for care for Mrs X from it as the Council would not fund care.
13. Mr X says when he asked the previously-named social worker about a carer’s assessment in 2017, she told him again he was not entitled to an assessment.
14. In 2017 Mrs X went to live permanently in residential care, where she funds her own care from her savings. The Council has asked Mr X to let it know when Mrs X’s savings fall below the threshold at which the Council will provide financial help for her.
15. The social worker says she met Mr and Mrs X in 2017 when Mrs X’s residential placement no longer met her needs, and she provided a list of placements which would be suitable. She says as Mrs X lacked capacity to make her own decisions, and Mr X held power of attorney for her, he was able to make decisions on Mrs X’s behalf. She says she would have offered support with this if it was needed.
16. Mr X says Mrs X’s savings have now fallen below £10,000 and she will have to sell her house to fund her care.

Analysis

17. The evidence shows the Council undertook a carer’s assessment in line with the Care Act in 2016 and awarded Mr X a budget then to enable him to take a break.
18. There is no evidence Mr X was refused an assessment on the grounds of his gender (indeed, he was not refused an assessment at all).
19. Since 2017 Mr X has not been eligible for a carer’s assessment as Mrs X lives in full time care.
20. Mr X knows he can approach the Council about the funding for Mrs X’s care.

Back to top

Final decision

21. The carer’s assessment was undertaken appropriately by the Council. I have completed this investigation as there is no evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman