Summary: Ms X complained about how the Council supported her with her care needs and housing and in particular complained the Council failed to properly assess her needs. We have ended our investigation as we cannot add to the Council’s investigation or achieve a meaningful outcome for Ms X.

The complaint

1. Ms X’s representative complained about how the Council supported her with her care needs and housing over a period of several years. They complained the Council failed to properly assess Ms X’s needs without the constant threat of a legal challenge. They say the Council’s failure to offer appropriate support has caused Ms X considerable distress.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) Ms X’s representatives have raised concerns covering events back to 2017. It was open to Ms X’s representatives to come to us sooner and I see no good reason to consider any matters before November 2020, that is 12 months before the point they complained to us and the time when the most recent assessment commenced.
3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I have considered some information provide by Ms X’s representatives and the Council’s complaint response.
5. I gave Ms X’s representatives and the Council the opportunity to comment on a draft of this decision. I considered any comments I received in reaching a final decision.

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What I found

6. Ms X was a victim of trafficking. She went through a series of very traumatic events which have left her with physical and mental health difficulties. She moved to the Council’s area in 2015 and lived there until May 2021 when she was offered council accommodation in a different borough.
7. In October 2021 Ms X’s representatives complained to the Council about various aspects of the care and accommodation provided to Ms X. The complaints included:
• Ms X received a lack of support between 2015 and May 2021. Following a benefits mix up she fell into arrears and was unable to effectively advocate on her own behalf, due to her poor memory. It was only after Ms X was allocated a case worker at the hostel that the arrears were written off
• Staff repeatedly wrongly told her she did not have a reasonable preference for housing which was not rectified until the representatives wrote to the Council on Ms X’s behalf.
• Ms X was without adequate mental health support.
• Ms X was told the hostel would close on 31 March 2021. Up until it closed no suitable accommodation was found. The Council only agreed to emergency housing when the representatives made representations. It then allocated an unsuitable property on the fifth floor which Ms X could not access due to an injury.
• There was no handover between the Council’s adult social care team and the council where she is now living.
• The Council undertook at least six needs assessments, none of which were comprehensive or lawful. Ms X sought support with administrative tasks and overcoming her social isolation. The needs assessment in November 2020 focused on her ability to complete physical tasks and did not take her mental health and trauma into account. The only support offered in four years by the Council was a carer to help with shopping etc when she required support with administrative tasks such as getting to the bottom of her rent arrears
• In 2018, there were instances where the carer organised to support Ms X after a leg injury, left before Ms X had the chance to get to the door.
• The Council sent various invoices for support she did not ask for or did not receive which caused her stress and anxiety.
8. In its response the Council set out:
• it had assessed Ms X’s needs regularly between 2017 and 2020. It said it provided her with a care package to support her residence in the Council area.
• A support worker was available at the hostel where Ms X lived to provide support with day to day issues such as applying for benefits.
• Any concerns about support with Ms X’s mental health were for the NHS foundation trust
• When Ms X’s hostel closed, it provided her with alternative accommodation.
• When Ms X moved to a different borough the Council requested her address so the necessary paperwork could be provided to the new host borough. As the representative had not provided Ms X’s new address or instructions/consent to speak to the host authority about the move the Council could not transfer her adult social care case to the new authority.
• Issues around care provided in 2018 should have been raised at the time so they could have been addressed
• The Council had closed all social care services for Ms X as she was no longer living there and there were no outstanding charges as a result.
9. The representative then complained to us on Ms X’s behalf. They said:
• Ms X’s care needs assessments were not comprehensive or lawful and did not meet her need for support with administrative tasks or advocacy.
• The Council failed to provide Ms X with adequate housing support. They said Ms X was offered a property she was told was ground floor but was actually on the fifth floor. It was only the next day Ms X was offered a ground floor flat
• Ms X received invoices for varying amounts for support she did not need or ask for.
10. The Council has provided me with a copy of the needs assessment it carried out in November 2020. The assessor noted Ms X’s representative attended along with a worker from the hostel. They noted Ms X did not want her advocate to attend as too many people would be overwhelming.
11. The assessment proposed commissioned services to support Ms X with shopping and maintaining her home environment. The social worker wrote to the GP regarding possible psychological intervention following professional recommendations. They also referred Ms X to the neighbourhood link worker to support her with engagement in the community.
12. The assessor noted Ms X received support from her key worker with bidding for properties and with managing and maintaining her benefits. They also noted the worker from the hostel would liaise with colleagues about her rent arrears.

My analysis

13. As explained at paragraph 2, I have only considered events since November 2020. Ms X’s representative has not explained why they considered Ms X’s care needs assessments were unlawful. Only the courts can determine matters of lawfulness, we can consider whether there was fault in a council’s decision making. The Council has provided me with a copy of the assessment completed in November 2020. It appears to address Ms X’s eligible needs and proposed a package of care. In addition, the social worker made recommendations to the relevant agencies to support Ms X, including support with community engagement. There is insufficient evidence of fault in the Council’s approach to warrant further investigation of this matter and, given Ms X moved out of the Council area in May 2021, insufficient injustice as a consequence of any fault.
14. The Council’s complaint response detailed that Ms X had support available in the hostel to assist where with paperwork and benefit applications and as a result of their intervention her rent arrears were written off. The Council also confirmed it has closed social services to Ms X and there were no outstanding charges as a result. Therefore, I do not consider there is sufficient injustice to Ms X to warrant further investigation of this matter. Also as Ms X now resides in another council area I do not see what I can achieve by investigating this issue further.
15. When Ms X’s hostel closed down the Council offered her alternative accommodation. Whilst the initial offer was unsuitable, according to the representative this was resolved the next day. I have seen no evidence Ms X was street homeless or without a property and so I do not consider the injustice is significant enough to warrant further investigation of this matter.
16. The Council has responded to the concerns raised and Ms X is now accommodated in another council’s area. I cannot achieve anything meaningful for Ms X by investigating the complaint further.

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Final decision

17. I have ended my investigation as I do not see I can add to the Council’s investigation or achieve anything meaningful for Ms X.

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Investigator's decision on behalf of the Ombudsman