• The complaint
• What I have and have not investigated
• The Ombudsman’s role and powers
• How I considered this complaint
• What I found
• Agreed action
• Final decision

The Ombudsman's final decision:

Summary: Ms X, on behalf of her sister Ms y, complained the Council failed to meet Ms Y’s eligible care needs and relied on Ms X to fill the gap even though she has her own health problems causing distress. For a period from December 2021 the Council struggled to find carers to work with Ms Y meaning her care needs were not met. It also failed to take action in respect of direct payments so Ms Y could employ her own personal assistant.

The complaint

1. Ms X, on behalf of her sister, Ms Y, complains the Council failed to meet Ms Y’s eligible care needs and has relied on Ms X to fill the gap even though it is aware she has her own health problems and cannot take on a caring role.
2. Ms X says that she has experienced stress as a result of caring for her sister and her sister has been distressed as a result of not receiving adequate care.

Back to top

What I have and have not investigated

3. Issues relating to the standard of repairs carried out to Ms Y’s property fall under the jurisdiction of the Housing Ombudsman. I am therefore unable to consider any matters relating to the standard of repair works.

Back to top

The Ombudsman’s role and powers

4. 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)
5. 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)
6. 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)

Back to top

How I considered this complaint

7. As part of the investigation, I have:
   • considered the complaint and the documents provided by the complainant’s representative;
   • made enquiries of the Council and considered the comments and documents the Council provided;
   • discussed the issues with the complainant’s representative;
   • sent my draft decision to both the Council and the complainant and taken account of their comments in reaching my final decision.

Back to top

What I found

8. Ms Y is a disabled adult with learning difficulties and a visual impairment. She was heavily reliant on support from her mother until her death in 2016. Following their mother’s death, Ms X became more involved in her sister’s life and her caring responsibilities increased. Ms X has her own health concerns which means she is unable to be a carer for her sister and has tried to reduce her caring role and maintain a sibling relationship.
9. The landlord was due to carry out planned works to Ms Y’s kitchen in December 2021. Ms Y wanted to remain in the property the day the works were completed. Her social worker arranged for her regular care provider to assist with moving items in the kitchen before the works began. The Council says the workmen were due to clean up afterwards but the Council asked the care provider to move the regular cleaning hours to about 5 pm that day so the carer could assist with any cleaning and to move items back into place.
10. Ms X says that due to a lack of alternative care arranagements, she had to be present throughout the day the works were carried out in order to supervise her sister. Ms X says that the works were not carried out properly which left exposed sharp edges along with other issues that raised concerns for someone with a visual impairment. Ms X says that she had to step in and carry out cleaning and other actions to make the kitchen usable for Ms Y.
11. Ms X made a written complaint to the Council on 13 December. She wrote again on 17 December with an update. She noted that she had been at her sister’s property four times to deal with issues and provide reassurance in respect of the works. She said that she was having to make a complaint because although she had indicated many times that she was unable to provide a caring role for her sister, arrangements were not in place and unless she took action Ms Y would be left at risk and without appropriate support.
12. The social worker responded saying that the further works were planned for 20 December and the Council had arranged for two hours additional support at 8 am to clear away items. It said the carer would return at 2pm that day to clean up and put items back in the kitchen in the correct place. It is my understanding that Ms X had to attend the property on 20 December because Ms Y was not there and someone had to let the workmen in.
13. The Council replied to Ms X’s written complaint on 14 January 2022. It said that contact had been made in November with the housing repair team to highlight Ms Y’s needs. Contact details for Ms Y’s social worker were provided to the contractors if any issues arose on the day. The Council therefore took the view that adequate arrangements were in place.
14. The Council explained that the care provider was commissioned to carry out practical tasks before and after the works. It said the carers were not commissioned to manage the workmen but would be expected to aid communication with Ms Y. It acknowledged there was a competency issue with the carer provided to assist on the day and regretted that Ms X had been required to step in. It also noted that carers could not be present if Ms Y was not at the property and that the further works were scheduled for a day Ms Y was out of the property. It noted that while it could have made arrangements to assist on a day Ms Y was present, this would have delayed the works. The Council said it would discuss the issue of contingency plans at a future team meeting.
15. Ms X wrote to the Council again on 7 March. She said she had expected to receive something in writing to show that contingency plans had been agreed to ensure the problems previously experienced did not re-occur. The complaints manager responded saying he would seek an update from the social care team. I have not seen any further correspondence on this issue.
16. Aside from the issues relating to the kitchen repairs, Ms X has also raised complaints and concerns about the care provided to Ms Y. My investigation will look at issues raised from December 2021 onwards.
17. On 14 December 2021, Ms X raised concerns with the Council about her sister’s carer. There is nothing to suggest the Council responded to this complaint but a response from the care provider has been seen. This states it was experiencing challenges regarding Ms Y’s package of care. The care provider also reported abuse towards its staff from both Ms Y and Ms X. Ms X denies that her own behaviour has ever been inappropriate. The care provider explained there was only one care worker that Ms Y would have in her home and that this worker did not live in the area meaning she sometimes arrived late. It said that this worker had given her two weeks notice.
18. On 19 January the Council wrote to Ms X saying the care provider had stopped working with Ms Y when the carer left at the beginning of January. It said that when the duty social worker spoke to Ms Y she refused to accept a new provider. It said it was working to get Ms Y to accept a new provider on a temporary basis. It said it was arranging a meeting with Ms Y and her advocate to discuss having her own personal assistant using direct payments.
19. On 24 January the Council wrote to Ms X saying that the care for Ms Y had stopped on 24 December 2021 when Ms Y went on holiday. The care had not been reinstated because the Council was struggling to find a new service provider. It said Ms Y had refused support but an interim service would be put in place from the next week.
20. On 28 January the Council wrote to Ms X to say a care worker had been found but had pulled out. It said an interim arrangement was in place for three hours on Saturday, three hours on Monday and three hours on Thursday. Previously Ms Y’s care package included twice daily visits along with cleaning and companion calls. It said there had been a positive meeting recently about using direct payments.
21. In February Ms X contacted the Council saying the carer had not arrived that day. Ms X was concerned Ms Y had not been notified in advance and only found out when she telephoned the care provider. She was concerned that future visits could be missed.
22. The information provided by the Council shows that contact was made with a new care provider who agreed to carry out an assessment of Ms Y’s needs. They visited Ms Y on 4 February but were unable to get an answer when they knocked. On 10 February this care provider told the Council that it was pointless to continue with a care package for Ms Y as comments had been made that the service provided was not good enough.
23. On 15 February, the Council emailed Ms X saying it appreciated what she was doing for Ms Y and that the situation was clearly not what anyone wanted. It said it was urgently trying to source local providers who would be able to cover all the required care. It is my understanding care was provided soon after this date.
24. In May 2022, Ms X contacted the Council saying the carer arrived late on Monday 2 May and did not inform Ms Y in advance. Ms X also raised concerns about the carer not checking the food in Ms Y’s fridge and that the flat has not been cleaned. Issues were also raised about the carer not involving Ms Y in cooking meals as required by the care plan.
25. Ms X raised some further issues about the standard of care received in June, July and November 2022. The information provided indicates the care provider investigated and responded to the issues raised.
26. The response from the Council to my enquiries indicates that other than an initial meeting in January 2022 no further significant action has been taken in respect of setting up direct payments. It acknowledged significant delays and detailed the action it would now be taking to progress this issue.

Analysis

27. The information provided shows there was planning by social care before the planned works in Ms Y’s kitchen. Unfortunately, on the day problems arose meaning the works were not satisfactorily completed and the property was not adequately cleaned. As explained above, I cannot investigate actions relating to the actual repairs. While I know this meant Ms X had to attend to assist her sister which was frustrating, I am not persuaded this was because the Council did not make adequate arrangements. I find no fault in respect of the arrangements for the planned works.
28. In its complaint response, the Council accepts there were issues with the competency of the carer who attended to assist and it apologised. It also said it would discuss the issue of contingency planning at a future team meeting. It is my understanding that Ms X took this to mean that the discussion would be specific to Ms Y’s circumstances and she expected an update and that Ms Y’s care plan would also be updated.
29. In response to my enquiries the Council states that it is not able to put in place packages of support for possible needs that may or may not arise. It will take a view of what disruption may be reasonably expected to occur and will put in services to assist. In this case it provided the contractors with contact details for the social work team who deal with Ms Y and advised they could be contacted.
30. While I understand while Ms X was dissatisfied with what happened in this case, I am not persuaded the Council’s stated position on contingency planning amounts to fault. It would have been helpful if the Council could have been clearer with Ms X about the situation and what it was able to do in respect of providing support for planned repair works.
31. Ms X has also complained the Council has not been meeting Ms Y’s assessed eligible care needs. She complains this impacts not only on Ms Y but also on herself because she has to step in and provide the missing care.
32. Ms X has not made a formal complaint to the Council about this. I have decided to exercise discretion to investigate because matters have been raised with the Council and sometimes not responded to. Also Ms X has her own significant health issues and I am not persuaded it would be appropriate to ask her to now make a complaint directly to the Council.
33. The information provided shows that a carer working with Ms Y resigned her post in December 2021 and the care provider then withdrew totally. The Council clearly made efforts to find another care provider but struggled to get cover for the whole care package. I am aware that there were a number of care providers who had previously worked with Ms Y and the care had ended due to Ms Y’s behaviour. This means there were a limited number of options available to the Council and there was a lack of capacity within the available care providers. While I appreciate the challenges facing the Council, it has a duty to meet Ms Y’s assessed eligible needs. It’s failure to do this, despite its best efforts, is service failure.
34. The fault identified above, impacted on both Ms X and Ms Y. It is noted in one email that the Council thanked Ms X for what she was doing to assist her sister when the full amount of care was not being provided. Ms X had been clear with the Council for several years that she was unable to act as her sister’s carer and that she wanted to maintain a sibling relationship. This is because Ms X has her own health issues and so she found this particularly stressful because her sister could not manage alone.
35. The Council says it now has comprehensive assessments around supporting Ms Y’s emotional and sensory needs which are shared with service providers. This information was shared with the care provider who began working with Ms Y in May 2022. I am pleased to note this action which should help prevent the breakdown of support.
36. In January 2022, the Council held a meeting with Ms Y and her advocate to discuss direct payments. While some steps were taken to explain direct payments to Ms Y, the information provided shows that the process was allowed to drift. The Council accepts there have been significant delays in arranging direct payments. This is fault. I am pleased to note the Council has taken action to progress the direct payments and that the process for recruiting a personal assistant for Ms Y should begin soon.

Back to top

Agreed action

37. To remedy the injustice caused as a result of the faults identified above the Council will, within one month of my final decision, take the following action:
    • Apologise to Ms X and Ms Y;
    • Make Ms Y a symbolic payment of £300 to recognise the distress and uncertainty caused by the failure to provide carers;
    • Make Ms X a symbolic payment of £300 to recognise the distress caused when she had to provide care for her sister; and
    • Pay Ms Y £300 in respect of the delay in arranging direct payments.
38. The Council should provide us with evidence it has complied with the above actions.

Back to top

Final decision

39. I have completed my investigation with a finding of fault for the reasons explained in this statement. The Council has agreed to implement the actions I have recommended. These appropriately remedy any injustice caused by fault.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page