Summary: Mrs C complains the Council inappropriately reduced her care package which resulted in her not having the support she needs. There is no fault in the actions of the Council. The Council completed a reassessment which included the views of both Mrs C, her husband, and professionals. We are unable to challenge a professional judgment where there is no procedural fault.

The complaint

1. The complainant who I refer to as Mrs C, complains the Council inappropriately reduced her care package by an hour and a quarter per week. Mrs C says as a result she does not have enough support to meet her personal and domestic care needs.

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The Ombudsman’s role and powers

2. 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)
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)

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How I considered this complaint

4. I read information provided by Mrs C as part of her complaint. This included:-
• complaint correspondence;
• care and Occupational Therapy (OT) assessments;
• case notes.
5. I also considered relevant law and government guidance. This included:-
• Care Act 2014;
• Care and Support Statutory Guidance (CSSG).
6. Mrs 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. Mrs C lives with her husband and children. Mrs C has various health problems which affect her mobility and movement. The Council assessed Mrs C as having eligible needs and gave her a personal budget (money granted to meet needs). Mrs C’s support plan consisted of morning care for six days a week for an hour and a quarter to support with personal care.

What should have happened

Care assessment and support plan

8. The Care Act 2014 requires local authorities to carry out an assessment for any adult with an appearance of need for care and support. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. Where an assessment decides that a person has any eligible needs, councils must meet these needs.
9. Councils must provide a care and support plan which sets out the person’s needs, what they want to achieve, what they can do by themselves or with existing support and what care and support may be available in the local area. Councils should review a care and support plan at least every 12 months.

What happened

10. On 21 October 2020 an OT completed a face to face assessment with Mrs C. The OT considered Mrs C would benefit from an intensive period of reablement as she considered Mrs C could be more independent. The OT also suggested Mrs C’s morning calls could be reduced by up to 30 minutes each day.
11. The reablement did not go ahead because of family shielding due to COVID-19 and Mrs C’s non-engagement with the reablement service.
12. A social worker completed a review of Mrs C’s care needs in February 2021. The result of the review was that Mrs C did not need as much support as previously assessed. The Council reduced Mrs C’s care initially by 30 minutes, then by 15 minutes a day. This was after discussion with Mrs C. On request from Mrs C the Council also reduced the calls from six days to five days. The Council records in the review that Mrs C agreed to the reduction.
13. The Council completed a new support plan on 24 February 2021. Mrs C disputes some of the information in the support plan. This includes her ability to independently brush her teeth and wash her face. She also says she needs help to:-
• prepare and clean her bath tub;
• moisturise her body after a bath and massage her back and leg;
• get dressed and brush her hair.
14. Mrs C says the social worker involved was uncaring and unsupportive and she failed to acknowledge her difficulties.

Is there fault causing injustice?

15. Mrs C has had support for several years and is reliant on the care she receives. The Council however has a duty to promote independence and to provide services to those who have eligible needs.
16. The Ombudsman is unable to challenge a professional judgement unless there is an error in the way it reached the decision. In this case the Council reviewed Mrs C’s care package taking on board observations by an OT who had visited Mrs C and witnessed the care provided. A further officer listened to Mrs C’s views, and made a reasoned decision about why there should be a reduction in her care package.
17. Mrs C says there was procedural fault in the way the Council conducted the review because it wrongly concluded she can independently brush her teeth and wash her face. Based on the evidence seen, I am not persuaded the Council would have reached a different decision had it considered these matters at the time. This is because the time already allotted for Mrs C’s morning support would likely cover these needs. Furthermore, there is nothing to show that Mrs C raised these issues at the time of the review. I am satisfied the Council has acted without fault.
18. Mrs C says the support plan does not accurately reflect all her needs. Mrs C can ask for a further review of her care package if she considers her needs have changed.
19. Mrs C says the social worker was unsupportive. From the information provided by Mrs C it appears the social worker was explaining why there was a reduction in care. While Mrs C may not agree with the reduction the social worker was carrying out her professional duties. I therefore do not find fault with the actions of the social worker. It is also difficult to consider the social worker’s conduct without more details about when and what was said.

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Final decision

20. I have found no fault in the actions of the Council. I have now completed my investigation and closed the complaint.

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Investigator's decision on behalf of the Ombudsman