Summary: Mrs X complains there were failings in the way the Council provided care and support to her daughter Ms X and responded to her concerns about the matter. The Council has accepted it was at fault as it delayed carrying out a social care review of Ms X following Mr and Mrs X’s requests. It also delayed responding to Mrs X’s correspondence. The Council has apologised and paid Mr and Mrs X £350 in recognition of the uncertainty caused which is suitable action for it to take. The Council is now discussing a social care needs review with Mr and Mrs X and Ms X which is the outcome they were seeking. So, we have completed our investigation.

The complaint

1. I have called the complainant Mrs X. She complains for her daughter Ms X there were failings in the way the Council provided care and support to her and responded to Mr and Mrs X’s concerns about the matter. Mrs X says the Council failed to carry out a social care assessment by a social worker on Ms X since 2021. There are issues with her finances and multiple aspects of her care package may no longer be suitable for her needs causing frustration to Ms X and Mr and Mrs X.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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

4. I considered the complaint and documents provided by Mrs X and discussed the complaint with her. I asked the Council to comment on the complaint and provide information.
5. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Care Plan

6. The Care Act 2014 gives councils a legal responsibility to provide a care and support plan (or a support plan for a carer). The care and support plan should consider what needs the person has, what they want to achieve, what they can do by themselves or with existing support and what care and support may be available in the local area. When preparing a care and support plan the council must involve any carer the adult has. The support plan must include a personal budget, which is the money the council has worked out it will cost to arrange the necessary care and support for that person.

Reviews

7. Section 27 of the Care Act 2014 says councils should keep care and support plans under review. Government Care and Support Statutory Guidance says councils should review plans at least every 12 months. Councils should consider a light touch review six to eight weeks after agreeing and signing off the plan and personal budget. They should carry out reviews as quickly as is reasonably practicable in a timely manner proportionate to the needs to be met. Councils must also conduct a review if an adult or a person acting on the adult’s behalf makes a reasonable request for one.

What happened

8. What follows is a brief chronology of key events. It does not contain all the information I reviewed during my investigation.
9. Ms X is a young adult diagnosed with Downs Syndrome and has some long-term health issues. Ms X has a care and support plan from the Council which sets out her social care needs. Ms X lives in a supported living accommodation paid for through a direct payment. Ms X also attends a day care centre two days a week and the Council pays her transport costs.
10. Ms X went to live with Mr and Mrs X from January 2020 to September 2021 due to the Covid-19 pandemic and her health needs. Ms X returned to the supported living accommodation in September 2021. Mrs X asked the Council for a social care review of Ms X’s care and support needs in October 2021. In December 2021 Ms X decided to stop attending the day centre. Ms X now attends a provision made by a charity.
11. Mr X contacted the Council in January 2022 asking for a review of Ms X’s care needs due to issues with her supported living accommodation. Mr and Mrs X then complained to the Council about the lack of response to their review requests. Mrs X contacted the Council again in April 2022 chasing a review.
12. The Council allocated Ms X’s case to a social worker for a review and agreed to carry out a full reassessment of Ms X’s care and support needs. The social worker met with Ms X and Mr and Mrs X to discuss their views.
13. Ms X’s care provider raised a safeguarding concern about Ms X as her shower was not working properly. The Council agreed to pursue the concern to a full safeguarding enquiry. The enquiry substantiated the concern, and it was closed once the landlord carried out repairs.
14. The Council responded to Mr and Mrs X’s complaints in June 2022. It apologised for the delay in responding to their complaint and the delay in allocating a social worker to carry out Ms X’s review. It acknowledged the delay was due to the impact of Covid-19 causing a backlog of reviews in 2021. The Council considered Ms X was safe and not in any immediate danger at the supported living accommodation. The only issue concerned excess funds in her direct payment account. The Council said it would have prioritised Ms X’s case further if there were any serious concerns.
15. Ms X’s care provider raised a second safeguarding concern about Ms X in August 2022 due to inappropriate contact by another resident at the supported living accommodation. The Council agreed to pursue the concern to a full safeguarding enquiry. The enquiry did not substantiate the concern, but the Council referred the matter to health services for support and advice to both adults involved.
16. Mrs X asked the Council for an update on the review in November 2022 and complained in January 2023 due to the lack of response. Mrs X asked the Council to reconsider Ms X’s supported living accommodation as it was not meeting her needs. Mrs X referred to a meeting by social workers with Ms X at her accommodation which Mr and Mrs X were not invited to.
17. The Council apologised for missing Mrs X’s contact in November 2022. It responded to Ms X’s complaint and partially upheld her concerns. The Council accepted its communication could have been better, but it had completed action behind the scenes to alleviate the concerns being raised about Ms X’s accommodation. The Council said the meeting with Ms X had been a welfare visit following the safeguarding enquiry. Mr and Mrs X had not been invited as it was an informal meeting with Ms X supported by her carer.

The Council’s response to the complaint

18. The Council accepts it delayed in handling and completing Ms X’s review and in responding to the complaints from Mr and Mrs X. The Council has apologised to Ms X and Mr and Mrs X in recognition of the delays and offered them a financial remedy of £350 for the uncertainty caused by the delays. The Council confirms Ms X and Mr and Mrs X have accepted the payment.
19. The Council says the delays from the first contact and referral to a social worker was due to a backlog of reviews and other activities following the Covid -19 pandemic. The Council risk assessed each referral. As it considered Ms X was safe with a service in place it gave her a lower priority than others who were waiting. If there had been any serious concern raised or risk to Ms X, it would have increased her priority which it did after receiving the first safeguarding concern.
20. The Council says when it received the initial referral it did not have a system in place to acknowledge the referrals, let the adult or refer know it was received and awaiting allocation. The Council now has implemented a system to provide this information to the adult or referrer.
21. The Council confirms Ms X’s revised care and support plan is still being developed and officers are due to meet with Mr and Mrs X to discuss it further. Officers will consider Mr and Mrs X’s request for funding support for Ms X when she attends the charity provision each Wednesday. If the support is agreed, the Council will reimburse Ms X’s costs back to the date she started attending it. The Council will consider Mr and Mrs X’s request to move Ms X’s current direct payment for her supported living into a managed service and discuss this at the meeting. The Council will also hold a new review of Ms X’s needs. This will be completed by a manager who can provide the necessary reassurance and information to Mr and Mrs X and Ms X around the review process.

My assessment

22. The Council has already acknowledged there was fault caused by its delays in allocating Ms X’s case for a social care review. This is because the Council is required to keep the care and support plan under review and to respond to requests for reassessments. The Council has accepted fault in its responses to Mr and Mrs X. It has apologised and offered a payment of £350 in recognition of the uncertainty caused by its delays. Mr and Mrs X and Ms X have accepted the payment. So, I do not consider I can add anything through further investigation or achieve a different outcome for Mr and Mrs X and Ms X.
23. The Council has acknowledged it did not have a system in place when contacted by Mr and Mrs X, to advise the adult or referrer requesting a social care need review the request had been received or was awaiting allocation. We would normally recommend a service improvement where we find administrative failings by a Council. But it is not necessary in this case as the Council has ensured it now has such a system in place to improve its communications.
24. The Council has arranged for officers to meet with Mr and Mrs X and Ms X. This will be to discuss her social care needs and to carry out a new review following their request for changes which was the outcome they were seeking. Because of this I do not consider I can achieve anything more for Mr and Mrs X and Ms X through further investigation. It will be for the Council to consider Ms X’s needs and draw up an appropriate care and support plan following discussions with Mr and Mrs X and Ms X.

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Final decision

25. I am completing my investigation. There was fault by the Council as it delayed carrying out a social care review of Ms X following Mr and Mrs X’s requests. It also delayed responding to their correspondence. The Council has apologised and paid Mr and Mrs X £350 in recognition of the uncertainty caused which is suitable action for it to take. The Council is now discussing a social care needs review with Mr and Mrs X and Ms X.

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Investigator's decision on behalf of the Ombudsman