Summary: Ms X complained that the Council has refused to fund a residential placement out of area for her daughter, Miss Y. The Ombudsman does not find the Council to be at fault.

The complaint

1. The complainant, Ms X, complains the Council has refused to fund a residential placement out of area for her daughter, Miss Y.
2. Ms X said this has had a significant impact on the whole family.

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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 considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
6. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Assessment

7. Sections 9 and 10 of the Care Act 2014 require councils to carry out an assessment for any adult with an appearance of need for care and support. They must provide an assessment to everyone regardless of their finances or whether the council thinks the person has eligible needs. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. It must also involve the individual and where suitable their carer or any other person they might want involved.
8. Councils must carry out assessments over a suitable and reasonable timescale considering the urgency of needs and any variation in those needs. Councils should tell people when their assessment will take place and keep them informed throughout the assessment.

Background

9. Miss Y previously lived in a placement setting in the Gloucestershire area. During the covid-19 pandemic she went to visit her family abroad and restrictions changed which meant she had to stay there longer than intended.
10. During that time, Miss Y experienced an emotional breakdown which affected her for over a year. Her placement ended during this time, and she has since remained abroad with Ms X and her father. Ms X said it was not until January 2024 that Miss Y’s anxiety had subsided enough for her to travel to the UK.

Summary of the key events

11. Ms X asked the Council to complete an assessment for Miss Y as she said she was due to return to the UK. Ms X said she had been looking at a placement for Miss Y out of area (placement Q).
12. The Council explained it had looked at current vacancies in the area. But said there was nothing currently like placement Q which offered access to animals on site which is something Miss Y enjoys. It said it would look into supported living schemes and explore the potential for animal related activities outside of the home.
13. The Council completed an assessment in February 2024. The assessment stated:
• Ms X wanted to explore supported living options;
• Ms X would like Miss Y to engage in activities daily and said Miss Y had a love of animals, arts and crafts; and
• Miss Y had eligible needs for care and support.
14. The Council visited a potential placement the following month and agreed to send Ms X photos and videos. But Ms X said she could not see Miss Y living in the Gloucestershire area as she had been used to the countryside and space. She said placement Q had a suitable place. Ms X told us a placement with a small garden would not provide Miss Y with the stimulation she required.
15. The Council advised Ms X she could contact the other authority area regarding placement Q and ask them to consider Miss Y’s needs. But Miss Y said they would not consider her needs as Miss Y was not a resident.
16. The Council wrote to Miss X and said it did not routinely explore or secure placements out of county. It said reasons for this included limited ability to provide quality assurance, proactive safeguarding, reactive oversight and its ability to provide interventions in a timely manner.
17. In April 2024 the Council provided Ms X with details of further potential placement options. It said it could explore the option of Miss Y volunteering at an animal shelter.
18. The Council spoke with Ms X shortly after. It was noted that:
• Ms X said none of the placements offered were anything she would consider for Miss X;
• the Council had completed this work with the understanding that Miss Y would be returning to Gloucestershire for settled residence. But Ms X said this had now changed and there was no intention for Miss Y to live in the area; and
• the Council explained Ms X would be best placed to contact the authority in the location that Miss Y wanted to live.
19. Miss X did make further contact with the other authority but was directed back to the Council.
20. The Council finalised its position in October 2024. It said:
• Miss Y’s plan was not finalised as Ms X did not accept either of the options explored and said she had found a placement out of area;
• as it had previously found vacancies in the area, it’s a good indication that it had services that could meet Miss Y’s needs, so its offer was likely to be within county; and
• it could continue to work with the family if Ms X could confirm the intention to reside in the area and asked Ms X to let it know by the 11 October if she wanted to proceed.

Analysis- was there fault by the Council causing injustice?

21. 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 its decision, we generally cannot criticise it. We do not make decisions on 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 decision.
22. The Council completed a needs assessment in February 2024. The Council advised Ms X of potential placements it had found and said it could explore the option of Miss Y volunteering at an animal shelter. But Ms X said they were unsuitable and reiterated her request for placement Q.
23. There is no fault in how the Council assessed Miss Y’s needs and I therefore cannot question the decision it made to offer the placements it did. The Council also evidenced it considered Miss Y’s love for animals. The Council decided the placements offered in county were suitable. That was a decision it was entitled to take.
24. As detailed in paragraph 18, the Council explained it had completed the assessment with the understanding that Miss Y would be returning to Gloucestershire for settled residence. But as Ms X confirmed this was no longer the case, it could not conclude the process. Ms X was advised to contact the Council if she wished to continue working with it. It is therefore down to Ms X to contact the Council again if Miss Y plans to reside in the area.

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Decision

25. I have completed my investigation on the basis there was no fault in the Council’s actions.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman