Calderdale Metropolitan Borough Council (22 008 699)

Category : Adult care services > Assessment and care plan

Decision : Upheld

Decision date : 23 Aug 2023


Key to names used

  • Mr Z The person affected
  • Ms Y Mr Z’s sister and representative


Ms Y complained the Council failed to arrange the necessary support to help meet Mr Z’s social care and housing needs. As a result, she says Mr Z’s health and wellbeing rapidly deteriorated, and he was eventually detained in hospital under the Mental Health Act 1983 (MHA).


Fault found 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 the Council should:

  • pay £750 to Ms Y. This is to recognise the significant distress she experienced when her brother lived in unsuitable bed and breakfast accommodation without a package of care to meet his eligible needs. Ms Y also experienced avoidable time and trouble as a result of the Council’s failure to keep her appropriately updated about Mr Z’s housing and care and support needs;

  • apologise to Ms Y for failing to invite her input at key times, for example during any assessments of Mr Z’s housing or care needs or when he had a right of appeal. This was particularly important due to the absence of any other person in place to represent or advocate for Mr Z;

  • deliver training to relevant officers in social care and housing about the requirements of Section 6 of the Care Act 2014 and the need to ensure cooperative working between services; and

  • provide us with evidence showing what service improvements the Council will make to ensure that cases – such as Mr Z’s – which engage both the services of housing and social care are progressed appropriately and collaboratively.

The Council has accepted these recommendations.

Ombudsman satisfied with Council's response: 22 November 2023.

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