Summary: Mrs X complains the Council failed to assess and meet her daughter’s needs sufficiently, which affected her daughter and placed a burden on her to meet her daughter’s needs. We did not find any fault with the Council’s actions.

The complaint

1. Mrs X complains on behalf of her daughter, Miss Y, and herself about the Council failing to assess and plan for Miss Y’s care needs sufficiently. She says this has resulted in Miss Y not having the equipment and support she needs and this has placed a burden on her to meet Miss Y’s needs.

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The Ombudsman’s role and powers

2. 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)
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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What I have and have not investigated

4. Mrs X’s complaint to the Council included a concern about court action she says the Council took to displace her as Miss Y’s nearest relative when she disagreed with her daughter being sectioned. We have not considered this element of Mrs X’s complaint as we cannot investigate matters which have been before the courts. Mrs X’s complaint also raised issues about Miss Y’s discharge from hospital and the effectiveness of the decision to section her. These are also issues which we have not investigated. This is because they fall outside of our jurisdiction as they are actions taken by the National Health Service (NHS).

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How I considered this complaint

5. I spoke to Mrs X and considered the information she provided. I asked the Council for information and considered its response to the complaint.
6. Mrs X and the Council had an opportunity to comment on my draft decision. I considered the comments I received before making a final decision.

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What I found

7. Miss Y is blind and in September 2022 she was sectioned and hospitalised.
8. In December 2022 Miss Y was discharged from hospital by the NHS to a step-down bed. The Council noted that Miss Y was unable to return to her own flat for various reasons.
9. While in the NHS step-down facility, the Council began a needs assessment under the Care Act and it made a referral to the Reablement Team.
10. Between December 2022 and May 2023, Miss Y was being supported by the reablement team while she remained in a step-down bed receiving 24-hour care.
11. While Miss Y was being supported in a step-down bed, the Council assessed her needs. The Council completed the Care Act assessment on 11 April 2023. It identified her key needs were:
• 24 hour supported living accommodation where she could receive support for her medical needs.
• Prompts to maintain a clean living environment and to manage her dietary needs.
12. The Council stated Miss Y’s health was managed by her general practitioner (GP). It told us officers encouraged Miss Y to engage with her GP about this and understood that she was engaging. When carrying out the assessment the Council considered Miss Y had capacity to make decisions about her care and where she lived.
13. Miss Y moved to a hostel providing 24-hour support on 20 May 2023.
14. There were concerns about Miss Y’s ability to access the stairs in the hostel. The stairs made access to the washing facilities and bathroom limited for Miss X. However, temporary support was provided to assist her, before an alternative supported living placement was found in July 2023.
15. Miss Y visited the new placement in July. She visited again in August, with Mrs X. On 31 August Miss Y moved to the new placement.
16. On 31 August the Council says it was highlighted that Miss Y needed a package of care to support her with shopping, cleaning, laundry and attending appointments. The Council put a package of care in place on 11 September. This was four hours per week to cover these areas. Miss Y has remained at the new placement since.
17. In June 2024 Miss Y’s GP made a referral to the Council for her kitchen to be adapted due to her visual impairment. The Council made a prompt referral to its Sensory Team to consider adaptations.
18. Mrs X raised concerns that Miss Y did not have the means to communicate with others because of her visual impairment.
19. The Council explained that an earlier, sensory impairment assessment in April 2022 had been carried out. This assessment considered Miss Y’s use of her iPad and assistance tools. It stated she could resize text and enlarge fonts and she could use a handheld magnifier. She also had a phone handset with enlarged numbers to make calls.
20. The Council told us that staff at her supported living placement provide most of the support Miss Y needs. She also travels to attend a class run by a charity. The Council is aware that Miss Y also travels to visit her mother. It noted their relationship is important.

Mrs X’s complaint

21. Mrs X is elderly. She complained to the Council in early September 2023. She complained that Miss Y’s accommodation since discharge had been unsuitable. She stated Miss Y’s accommodation had stairs which she found difficult and it lacked a working shower or washing facilities. She also stated Miss Y had too little exercise and not enough activities. This meant Miss Y visited her for daily hygiene and washing and spent an excessive amount of time at her home.
22. Mrs X stated Miss Y’s frequent visits caused significant financial strain due to significantly increased utility bills and food shopping as a result. Mrs X stated, in addition, Miss Y had not been provided with a mobile phone or a laptop, so she had not been provided with a way of communicating effectively.
23. Mrs X sought compensation for the cost and impact of caring for Miss Y. She considered this had occurred because the Council had not provided Miss Y with sufficient support.
24. There was a delay in responding to the complaint. The Council apologised for this. In response to Mrs X’s complaint the Council explained that the objective of the supported living accommodation, care plan and reablement work was to promote Miss Y’s independence. The Council stated that although support was put in place, Miss Y was of the view that she did not need a care package and she stated she would choose to visit Mrs X during the day, including having meals there. The Council stated these were Miss Y’s choices, and as she had mental capacity to make these decisions, the Council could not intervene.
25. The Council noted the challenges identified at the first accommodation she was placed in. These prompted a review and change of placement. The Council found there was no negligence on its part and there were no grounds to financially compensate Mrs X.
26. In further correspondence, Mrs X disagreed with some of the points the Council made in its response. She felt the Council continued to expect her to act as Miss Y’s carer. She considered Miss Y was lonely and needed more exercise and activities. Mrs X continued to consider the Council had been negligent and this led to a burden to her as a result.

Was there fault by the Council

27. The Ombudsman’s role is to review councils’ adherence to procedure in making decisions. Where a council has followed the correct process, considered all relevant information, and given clear and cogent reasons for a decision, we generally cannot criticise it. We do not make decisions on a councils’ behalf, or provide a route of appeal against their decisions, and we cannot uphold a complaint simply because a person disagrees with a council’s decisions or actions.
28. We found there was no fault by the Council in the way it assessed Miss Y and decided what support she needed. I understand that Mrs X found supporting her daughter difficult when she visited her. However, this is not as a result of fault by the Council. The Council properly assessed Miss Y’s needs and provided support to address these needs. Miss Y has capacity to decide how and where she spends her time and she was able to contribute to the assessment of her needs.
29. I note that accommodation the Council initially provided for Miss Y had stairs, this meant Miss Y needed assistance to access some facilities. However, this does not, in itself, make it unsuitable. Because of the access issues, the Council sourced an alternative. This was appropriate. The placements provided for Miss Y all provided the 24‑hour care and support that Miss Y needed and had suitable washing facilities. When Mrs X complained about the suitability of Miss Y’s accommodation because of the stairs, and following a review, Miss Y was moved to a new placement that Miss Y and Mrs X had both visited.
30. I note that the Council has previously considered Miss Y’s sensory impairment and as part of this, how she is able to access information and communicate with others.
31. I found no fault in the Council’s assessment of Miss Y or the support and assistance it provided.

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Final decision

32. There was no fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman