Summary: Devon County Council and another council failed to follow the continuity of care process when K moved to Devon. As a result, there was an interruption to K’s care and support and her parents, Mr and Mrs B, incurred avoidable costs paying for K to receive some support. The councils have agreed to make payments to K and Mrs B. They have also agreed to make service improvements.

The complaint

1. Mrs B complains that Devon County Council and another council failed to ensure her daughter, K, continued to receive the care and support she needed when the family moved to Devon.
2. Mrs B says K did not receive any provision or direct payments to meet her needs for around seven months which caused her emotional difficulties. Mrs B says that she and her husband also struggled with the lack of respite from caring for K and incurred avoidable costs paying for K to receive some of the support she needed.

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The Ombudsman’s role and powers

3. 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), 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 complaint and the documents provided by the complainant;
• discussed the issues with the complainant;
• made enquiries of both councils and considered the comments and documents they have provided; and
• given the councils and the complainant the opportunity to comment on my draft decision.

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What I found

Legislation and government guidance

6. Sections 37 and 38 of the Care Act 2014 and the care and support statutory guidance sets out the process councils must follow when a person who is receiving support chooses to move to another council area.
7. The council that is currently arranging care and support and the council to which they are moving must work together to ensure that there is no interruption to the person’s care and support. (Care and support statutory guidance, paragraph 20.2)
8. The continuity of care process starts when the second authority is notified of the adult’s intention to move. Local authorities may find out about the person’s intention to move from the individual directly or through someone acting on their behalf, who may contact either the first authority or the second authority to tell them of their intentions. If the person has approached the first authority and informed them of their intention to move, the first authority should make contact with the second authority to tell them that the person is planning on moving to their area. (Care and support statutory guidance, paragraph 20.10)
9. The second local authority is generally expected to have carried out their needs assessment of the person moving prior to the day of the move. (Care and support statutory guidance, paragraph 20.39)
10. Where the full assessment has not taken place prior to the move, the second authority must put in place arrangements that meet the adult’s or carer’s needs for care and support as identified by the first authority. These arrangements must be in place on the day of the move and continue until the second authority has carried out its own assessment and put in place a care and support plan which has been developed with the person. (Care and support statutory guidance, paragraph 20.40)

Background and key events

11. Mrs B lives with her husband and adult daughter, K.
12. K has learning difficulties and needs support with her social care needs.
13. In August 2022, Mrs B told the Council for the area where they lived (Council X) that they were moving to Devon. K was in receipt of a package of care which was provided partly by way of direct payments, and partly by directly commissioned services. Mrs B wanted to ensure K continued to receive the support she needed after the move.
14. Mrs B says she also told Devon County Council in August that they would be moving to the area.
15. In November, Mrs B emailed Devon County Council to confirm that she would be moving on 3 December and K would need day provision and funding for a PA (Personal Assistant). She attached information about K’s needs to the email.
16. Devon County Council told Mrs B that it had made a referral for K to have a social care needs assessment.
17. Mrs B contacted Devon County Council in January and February 2023 because K was struggling without any support. She was told that K had been added to the waiting list and she would be contacted once her case was allocated to a social worker.
18. Mrs B says that she paid K’s previous PA to travel from the area where they used to live to Devon to provide K with support for two weekends.
19. Devon County Council arranged for a referral to its Reaching for Independence team. A worker started to visit K in March on a weekly basis, sometimes taking K out for travel training or to attend social activities.
20. Devon County Council carried out the social care needs assessment in April. It decided she needed a PA for 18 hours a week as well as three nights a month at respite.
21. K started attending respite in May and receiving direct payments to fund a PA in July. They were backdated to 17 May.
22. Mrs B says the lack of support between December 2022 and May 2023 caused emotional difficulties for K, and Mr and Mrs B struggled with the lack of respite from caring for K.

Analysis

23. The care and support statutory guidance sets out the process councils must follow when a person chooses to move to another council area. It states that both councils must work together to ensure there is no interruption to the person’s care and support. Devon County Council and Council X did not do so; this was fault.
24. The continuity of care process starts when the second council (which in this case is Devon County Council) is notified of the adult’s intention to move.
25. Council X knew in August 2022 that K was planning to move to Devon. It should have notified Devon County Council to start the continuity of care process. It did not do so; this was fault.
26. Devon County Council says it was notified by Mrs B on 26 November, five working days before the family moved to the area. On the balance of probabilities, I consider it likely that Mrs B told Devon County Council about the move several months earlier. Mrs B has provided evidence that she called Devon County Council on 31 August. Council X’s records also show that Mrs B said in October that she had already informed Devon County Council about the move. Mrs B has provided a copy of the email she sent to Devon County Council dated 18 November which confirmed they would be moving on 3 December. I consider Devon County Council failed to start the continuity of care process when it was told about the move. This was fault.
27. The guidance makes it clear that the second authority (Devon County Council) is responsible for carrying out an assessment and that until it has done so, it must continue to meet the needs in the adult’s current care and support plan. Devon County Council delayed carrying out the social care needs assessment and it failed to ensure K’s needs were met until 17 May, around five and a half months after K moved to Devon. This was fault.
28. Council X has confirmed that it provided funding until 16 January 2023. I consider Devon County Council should make a payment to K and Mrs B to recognise that it failed to ensure K’s needs were met between 16 January and 17 May 2023. I consider both councils should make a payment to recognise that their failure to follow the continuity of care process caused distress and led to an interruption to K’s care and support.

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Agreed actions

29. Devon County Council has agreed to take the following actions:
• Apologise to K and make a payment of £1000 to recognise her distress and the lack of sufficient care and support she received between 16 January and 17 May 2023. It will make this payment within four weeks of my final decision.
• Apologise to Mrs B and make a payment of £2000 to recognise her distress and to reimburse the costs she incurred paying for K to receive some support. It will make this payment within four weeks of my final decision. The Council should consider our guidance on remedies when making the apologies.
• Provide training or guidance to its staff to ensure they are aware of the Council’s duties under sections 37 and 38 of the Care Act 2014. It will do so within eight weeks of my final decision.
• Review its procedures to ensure that when it is informed that someone with care and support needs is moving to its area, it takes appropriate action, in accordance with sections 37 and 38 of the Care Act 2014 and the care and support statutory guidance. It will carry out this review within eight weeks of my final decision.
30. Council X has already apologised to Mr and Mrs B for the failings in this case. It has also reviewed its procedures, developed a Transfer of Care Protocol and reiterated to all staff the importance of complying with sections 37 and 38 of the Care Act 2014. Council X has also agreed to take the following actions:
• Make payments of £250 to K and £250 to Mrs B to recognise that its failings caused distress and contributed to the interruption to K’s care and support. It will make these payments within four weeks of my final decision.
• Provide evidence that it has reviewed its procedures, developed a Transfer of Care Protocol and reiterated to all staff the importance of complying with sections 37 and 38 of the Care Act 2014.
31. Devon County Council and Council X will provide us with evidence that they have complied with the above actions.

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Final decision

32. I have completed my investigation and uphold Mrs B’s complaint. There was fault by both councils which caused injustice. The action the councils have agreed to take is sufficient to remedy that injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman