Summary: Mr C complained about the Council’s decision to stop him having an allocated social worker. He said he has also been unhappy about the hours of support he gets per week. We did not find fault with regards to the Council’s actions.

The complaint

1. The complainant, whom I shall call Mr C, complained the Council has stopped giving him an allocated social worker. Mr C says he needs this to help him to apply for grants etc. Ms C is also unhappy about the amount of care support he receives per week, which he says is not enough.

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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’. 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)
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with an organisation’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 have considered the information I have received from Mr C and the Council. I have shared a copy of my draft decision statement with Mr C and the Council and considered any comments I received, before I made my final decision.

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What I found

6. Mr C believes the Council has stopped him from having an allocated social worker, because he made a complaint in August 2021 about the way his social worker treated his confidential data.
7. The social worker explained to Mr C in August 2021 that:
• As his care and support plan had been completed, his involvement with Mr C’s case would now finish.
• It was not his sole responsibility to source charitable grants for Mr C, as other friends, families, agencies, professionals, and Mr C himself could do this.
• Mr C already had funds from a Trust, had three local welfare assistance grants, and received various food parcels. Mr C has also approached other organisations for assistance.
• It could be beneficial for Mr C to ask some independent financial advice from Citizens Advice.
8. In addition, the Council told me that:
• Mr C had an allocated social worker from October 2019 until August 2021. During this time, his social worker helped him to apply to many grants and charities. However, it is not our usual practice to allocate a social worker for such a long period of time.
• It advised Mr C in July 2021 that if he wanted further advice and support with regards to applying for grants etc, he should contact the Disability advice bureau and/or Citizen advice bureau.
• It has explained to him that his case remains open to the local team who he can contact when needed and who would review his care plan in one year’s time.
9. Mr C also complained that the Council has not helped him with:
• The difficulty he has in getting upstairs.
• Complaining to the General Medical Council and/or finding a NHS doctor to give him a lifesaving cannabis prescription, as he cannot pay the £660 a month for this himself.
• Getting a new wheelchair.
• Fixing his kitchen tap and toilet. He has told the Council that he does not have money to make suitable repairs to the property he lives and owns.
10. In response, the Council told me that:
• When its OT assessed Mr C’s mobility needs within the house in March 2022, Mr C did not say he had any need to go upstairs. The garage of his home has been converted to a bedroom, via a Disabled facilities Grant (DFG), and there is an adjoining room with level access shower and wash-dry toilet, so he is living on the ground floor.
• The issue around (medical) cannabis is a health matter. The Council has repeatedly advised Mr C to contact his GP and pursue this trough the NHS.
• Its OT assessed Mr C as mobile in his home with walking aids and the OT discussed the installation of grab rails at strategic points to help with transfers and accessing the outside. Although Mr C has a wheelchair, he did not mention any wheelchair requirements. Furthermore, wheelchair assessments are not the responsibility of Adult Community Services. As such, if Mr C has any requirements with regards to a wheelchair, he should contact the NHS Wheelchair service, which can be done via the GP.
• Mr C did not tell the OT that he had problems with his kitchen taps. General household maintenance and repairs is normally the responsibility of the homeowner (Mr C). The Council has advised Mr C about various organisations who may be able to assist him with funding repairs.
• Mr C has told the Council he has problems with his wash/dry toilet which was fitted as part of a Disabled Facilities Grant (DFG). However, there is another toilet downstairs that he can use. The OT reported the fault to the District Council who organised the installation of the toilet through the DFG. The District Council replied by saying the toilet had been fixed before, and they believed it was being damaged intentionally by a family member. As such, they said the warranty would not cover any repairs.
11. Ms C also complained to us that he felt the 25 hours of support he receives from a Personal Assistant per week was not enough.
12. The Council said it carried out a care review in November 2021. It found that:
• His care support needs had not substantially changed since his last review.
• His situation had improved in the area of personal care due to the installation of a level access shower and toilet.
• Mr C did not mention any areas in which he needed more hours of support.
• The Disability Advice Bureau and/or Citizen Advice Bureau can provide support with finances and budget advice.
• He has support from a PA (and his mother) with meal preparation.
13. The Council carried out a visit to Mr C in March 2022 to carry out a care review. During the visit, Mr C asked for five additional hours of DP support. However, it is not clear from the records why he was asking for this. The records state the review could not be completed during the visit and his “needs could not be clarified during this time”.
14. The Council sent Mr C self-assessment form to complete in May 2022. It said this enabled Mr C to explain what his needs were and what (additional) support he needed (if any). However, the Council told me it was still not clear, when it received the form back, what the change in care needs were at that time.
15. As such, it sent one of its professional advisors to Mr C in July 2022 to discuss his care and support hours. The advisor suggested to Mr C that he could use them in a different way. The additional 5 hours were not identified as needed.
16. The record of the July 2022 visit states that:
• Mr C completed a self-assessment, but agreed it was more of a wish list than a needs list.
• The following was agreed:
1. Cleaning 3 hours a week. If he wants more cleaning, he will need to use his benefits payments.
2. Shopping 3 hours a week
3. Correspondence: 1 hour a week
4. Garden maintenance 2 hours a week
5. Meals: 2 hours per day (14 hours a week)
6. Total: 25 hours a week

Analysis

17. The Council provided an appropriate explanation as to why it decided that it could no longer have a particular social worker allocated to Mr C to help him with grant applications etc. It provided suggestions to him of other organisations that could help him with this, in addition to family / friends.
18. The Council has a duty to ensure Mr C’s needs are met, including his need for toileting. I did not see evidence he mentioned in his self-assessment in May 2022, or most recent care review in July 2022, that he was no longer independent with toileting (due to issues with his toilet functioning). If Mr C believes he is no longer independent with toileting, due to his toilet not working (properly), he should mention this to the Council, who should then look into this further.
19. If Mr C is unhappy with the way the District Council responded to his concerns about the toilet, he can make a complaint about this to the District Council.
20. If Mr C is unhappy with the support he has received from the NHS wheelchair service, or the way the NHS has dealt with his request to have a prescription for medical cannabis, he can make a complaint to the local Clinical Commissioning Group and subsequently (if needed) the Health Service Ombudsman.
21. The Council reviewed Mr C’s care with Mr C in July 2022. The records do not indicate that Mr C was unhappy with the decision agreed on. If Mr C is unhappy with the hours agreed at his care review in July 2022, he should contact the Council to ask for a meeting to discuss in what areas he believes he needs more support, and why.

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Final decision

22. For reasons explained above, I did not find fault with the Council’s actions. As such, I have not upheld Mr C’s complaint.

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Investigator's decision on behalf of the Ombudsman