Summary: Ms C complains the Council delayed in providing services to Mr D and share his care plan. The Council assessed and provided services to Mr D promptly. There was fault in the way the Council dealt with Ms C’s complaint which caused her time, trouble, and frustration. The Council has agreed to apologise to Ms C and review the complaints process.

The complaint

1. The complainant who I refer to as Ms C complains on behalf of her son, Mr D, about the Council’s assessment of his care needs.
2. Ms C says the Council’s failure to carry out an assessment in a timely manner delayed Mr D receiving support. Ms C says the Council has not dealt with her complaints properly and the Council’s failures have caused her frustration and anxiety. Ms C would like the Council to record all Mr D’s complex support needs so he can access services more quickly in the future.

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The Ombudsman’s role and powers

3. 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)
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. I spoke with Ms C and considered the complaint documents both from her and the Council. I asked for information from the Council and considered its response. I also considered:-
• Mr D’s care records including case notes, medical reviews, and assessments;
• Care Act 2014;
• Care and Support Statutory Guidance (CSSG) 2020.
6. Ms C 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

Background information

7. Mr D has complex mental health problems and difficulties with substance misuse. Croydon Adult Integrated Mental Health Services support Mr D. This is a partnership between London Borough of Croydon and South London and Maudsley NHS Foundation Trust. The Council is responsible for services related to this complaint.

What should have happened

8. Sections 9 and 10 of the Care Act 2014 require local authorities to carry out an assessment for any adult with an appearance of need for care and support. It must involve the individual and where suitable their carer or any other person they might want involved. The Council must carry out the assessment over a suitable and reasonable timescale considering the urgency of needs and any variation in those needs.
9. Everyone whose needs the local authority meets must receive a personal budget as part of the care and support plan. The personal budget gives the person clear information about the money granted to meet the needs identified in the assessment and recorded in the plan. The detail of how the person will use their personal budget will be in the care and support plan.
10. Paragraph 10.87 CSSG says “the local authority must give a copy of the final plan … to the person for whom the plan is intended, any other person they request to receive a copy…”.
11. The Council’s complaints procedure says a senior manager within the team will acknowledge the complaint within three working days. He/she will provide a written response within 10 working days.

What happened

12. In April 2020 Ms C asked the Council for support for Mr D who was living independently in supported housing. By June 2020 Mr D received support from a care agency with cleaning, personal care, and laundry. An assessment and support plan completed at the time identified Ms C as Mr D’s main carer. It notes the Council gained Ms C’s views during the assessment, that she agreed Mr D’s care plan for extra support; and offered her a carer’s assessment.
13. In July 2020 Ms C asked for a medical review and wrote a complaint to PALS (Patient Liaison Service). She also says she contacted the Council to lodge a complaint, but this was not progressed. The complaint concerned Mr D’s support, housing, and the failure to provide her with a copy of Mr D’s care plan.
14. In early August 2020 Ms C and Mr D attended a medical review which also dealt with Mr D’s housing and support. The outcome included an agreement by the Council to share Mr D’s care plan with Ms C and to look at his support and engagement with various services including alternative supported housing. The Council sent Ms C a copy of the care plan on 13 August 2020.
15. On 11 May 2021 Ms C used the Council’s online complaint’s form to make a formal complaint about the lack of care. The Council responded on 18 May 2021 saying it had assessed and provided services to Mr D in a reasonable time.

Was there fault causing injustice?

16. When Ms C raised concerns about Mr D the Council completed an assessment, support plan, and provided support within a reasonable time. This was in line with the Care Act and the CSSG detailed above. I therefore find no fault with this part of the complaint.
17. The Council did not however deal with Ms C’s complaint properly. It did not record the main issues of her complaint and investigate it properly according to its complaints policy. This in part appears to be because Ms C wrote her first letter of complaint to PALS. Ms C made a further complaint on the Council’s website when she wanted to pursue her complaint further, but original main parts of the complaint were missing. Because of these failures Ms C did not have all her complaints properly considered. This has caused her time, trouble, and frustration.
18. When Ms C asked for a copy of the support plan the Council sought Mr D’s consent and provided a copy within two weeks of the request. There is no automatic right to a copy of a support plan other than to the recipient of services. The Council was therefore not at fault for failing to automatically provide Ms C with a copy of the support plan. There was also no undue delay in the Council providing Ms C with a copy of the support plan after her request.
19. Ms C would like a written record of Mr D’s complex needs so that he can access services quicker in the future. There are clear records of Mr D’s needs within his assessment. If there is additional information Ms C feels the Council should record she can contact the Council to include the information.

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Agreed actions

20. I have found fault by the Council. The Council has agreed to take the following actions to remedy the complaint:-
1. apologise to Ms C for the failure to address all her concerns through the complaints procedure;
2. liaise with Ms C to find out if she would still like to complain about the delay in housing for Mr D. Depending on her response process and consider the complaint appropriately;
3. review how the Council deals with complaints when a person complains to PALS first.
21. The Council should complete (a)-(b) within one month of the final decision and (c) within three months of the final decision.

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Final decision

22. I have found fault which has caused Ms C injustice. I consider the agreed actions above are suitable to remedy the complaint. I have now completed my investigation and closed the complaint.

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Investigator's decision on behalf of the Ombudsman