Summary: We have upheld Mr X’s complaint on behalf of his son, Mr Y, about his adult social care support package. The Council has agreed to resolve the complaint early by completing a review of Mr Y’s care and support plan.

The complaint

1. Mr Y has care and support provided by the Council. Mr X complained that due to a change in circumstances, the support package from the Council was no longer meeting Mr Y’s needs. He wants the Council to increase its support to meet Mr Y’s care and support 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. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I considered the Care Act 2014
6. I considered the Care and Support Statutory Guidance 2014

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My assessment

7. The Care Act 2014 gives councils a legal responsibility to provide a care and support plan for people with eligible needs and to keep care and support plans under review. The Care and Support Statutory Guidance says councils should review plans at least every 12 months.
8. Mr X asked the Council to increase its support to Mr Y. He said the current support package was no longer meeting Mr Y’s needs and, as a result, Mr Y had a poor quality of life and deteriorating health.
9. If we investigated this complaint it is likely we would find the Council at fault because Mr Y’s care and support plan is overdue a review.
10. We therefore asked the Council to consider remedying the injustice and resolve the complaint early by offering to review Mr Y’s care and support plan to ensure the care and support provided is sufficient to meet his needs.
11. The Council agreed to our request and will write to Mr X and Mr Y within two weeks to offer to review the care and support plan. If Mr Y accepts, the Council will review his care and support plan within one month.

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Final decision

12. We have upheld Mr X’s complaint about his son’s adult social care support package because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman