Decision : Upheld
Decision date : 12 Sep 2022
Ms X The complainant
Ms X complained the Council failed in the way it carried out her care needs assessment and re-assessment and failed to arrange support for her eligible care needs. Ms X also says the Council failed to properly carry out her financial assessment.
Fault causing injustice and recommendations made.
The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)
To remedy the injustice caused to Ms X by the faults identified, we recommend the Council within three months of the date of this report complete the following.
Apologise to Ms X for the injustice caused by the faults identified.
Pay Ms X £2,500 to recognise her distress and risk of harm caused by the lack of social care support.
Pay Ms X £7,220 to recognise the lost services to which she was entitled.
- Pay Ms X £300 to recognise the frustration, distress, time and trouble caused to her by the delay in arranging social care support.
We also recommend the Council within six months of the date of this report complete the following.
Review its processes to ensure preparing care and support plans for the Council’s residents with eligible care needs is an integral part of the assessment process. It should make sure all front-line staff are aware of the specific timescales for this part of the process.
Review all care needs assessments completed between March 2020 and March 2021 to identify the ones where no support followed despite eligible care needs. If after these assessments cases were closed or support was not provided because of the Council’s difficulties during the COVID-19 pandemic, the Council should take action to remedy the injustice caused. The Council should share the findings and outcomes of its review with us.
- Remind relevant staff of the need to keep records when making decisions for Disability Related Expenditure and waiving care charges.
Omudsman satisfied with Council's response: 20 February 2023.