Summary: Mrs A and Mrs B have complained about how a Council managed assessments for their parents, Mr and Mrs C. The Council has admitted fault and taken appropriate action to prevent the faults recurring. Therefore, the Ombudsmen will not to investigate this complaint as it would not recommend further action on the part of the Council.

The complaint

1. Mrs A and Mrs B, daughters of Mr and Mrs C, have complained about Gloucestershire County Council (the Council) in relation to how their parents’ move to a care home following a hospital admission was handled. Specifically, they have complained the Council:

• failed to understand their parents' needs,
• failed to carry out assessments,
• failed to follow the discharging hospital’s advice; and
• misled the family in relation to funding.

2. Mrs A and Mrs B said due to the Council’s failings, Mr C could not come home in a timely manner which affected him mentally. In addition, Mrs C could not return home for her final days. The family suffered financially due to having to pay care home fees.
3. As a result of the complaint, Mrs A and Mrs B want procedures in place to ensure assessments are carried out in an adequate timeframe, more training for social workers to deal with the needs of families and more supervision of staff to ensure they are following correct procedures.

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The Ombudsmen’s role and powers

4. The Ombudsmen have the power to jointly consider complaints about health and social care. Since April 2015, these complaints have been considered by a single team acting on behalf of both Ombudsmen. (Local Government Act 1974, section 33ZA,as amended, and Health Service Commissioners Act 1993, section 18ZA)
5. The Ombudsmen provide a free service, but must use public money carefully. They may decide not to start or continue with an investigation if they believe it is unlikely they could add to any previous investigation by the bodies.
6. (Health Service Commissioners Act 1993, section 3(2) and Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

7. In assessing this complaint, I considered information from the Council and Mrs A and Mrs B’s solicitors.
8. I gave Mrs A and Mrs B an opportunity to comment on my draft decision, and considered their comments before making this final decision.

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My assessment

9. In May 2022, Mr and Mrs C were both residing in a care home following hospital admissions. They were at the Home under the Discharge to Assess process. This is a process where patients are discharged to their home or a care home so that their needs can be met and assessed outside the hospital setting.
10. The Council appointed a social worker to work with the family, but in September 2022 Mrs A and Mrs B complained about how the social worker had managed their parents’ cases.
11. They said the social worker delayed carrying out assessments on their parents and then told them their mother could not return home as she needed such a high level of support.
12. In addition, Mrs A and Mrs B said the Council misinformed them about how the fees for the care home would be paid.
13. The Council investigated and found that the social worker had displayed a lack of understanding of the Discharge to Assess process and delayed carrying out care needs assessments. The Council apologised and waived the care home fees for both parents.
14. After contact from the Ombudsmen, the Council wrote to us and outlined the work it had carried out to improve its services because of this complaint.
15. The Council said in relation to timely assessment, it had taken action such as carrying out a number of case audits to improve performance and monitor the timeliness of assessments and support plans which its social workers carry out.
16. Regarding training social workers in dealing with the needs of families, the Council said it was going to carry out work such as training on communication with families. In relation to supervision, the Council said it had increased supervision of social workers through such actions as regular reviews of case notes and progress of assessments.
17. Taking the above in account, the Council has admitted fault and taken sufficient action by reimbursing the family and improving its services to reduce the chances of this happening again. Therefore, there is no need for us to carry out an investigation as it would be unlikely to recommend any further action than what the Council has already undertaken.

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Final decision

18. We will not investigate this complaint. This is because the Council has already taken sufficient action to remedy this complaint.

Investigator’s decision on behalf of the Ombudsmen

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Investigator's decision on behalf of the Ombudsman