Summary: Ms C complained about the Council’s poor communication and delay to arrange support at a day centre for her daughter (Ms X) as set out in her care and support plan. The Council accepted it was at fault and apologised. We found the Council’s apology was not enough to remedy the injustice this caused Ms C and Ms X. The Council will make symbolic payments to acknowledge the injustice it faults caused.

The complaint

1. The complainant, Ms C, complained on behalf of herself and her daughter (Ms X). She said it failed to:
• put in place adult social care provision for Ms X when a day centre she was attending closed;
• respond to her communication appropriately, including when Ms X’s allocated social worker was on leave; and
• properly consider and respond to her complaint.
2. Ms C said, as a result, Ms X experienced distress and had a loss of provision to develop her skills and socialise. Ms C said she also experienced distress and had to provide support for Ms X which included family members taking time off from work.

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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. We may investigate complaints from the person affected by the complaint issues, or from someone else if they have given their consent. If the person affected cannot give their consent, we may investigate a complaint from a person we decide is a suitable representative. (section 26A or 34C, Local Government Act 1974)
5. 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

6. I considered evidence provided by Ms C and the Council as well as relevant law, policy and guidance.
7. Ms C 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 and support plans

8. 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.

Council’s complaints policy

9. The Council says it will consider complaints about its adult social care service when:
• it cannot resolve the problem informally;
• a complainant tells the Council they want to make a formal complaint; or
• it believes it is necessary to use the formal complaint procedure to resolve or respond to the complaint.
10. It will acknowledge complaints within five working days of receipt, and a response will be provided within 20 working days. If this is not possible, it will inform the complainant of the reasons and the estimated time it will take to provide its response.

What happened

11. Ms C’s daughter (Ms X) has extensive care and support needs which are set out in her care plan. This includes all elements of her daily life to keep her safe and well looked after.
12. Ms X’s care plan said she would attend a day centre where all her needs would be met with one-to one support. The centre would also provide opportunities for developing skills and socialising. Any activities in the community requires two carers. Ms C and the family provided Ms X with support in their home at other times.
13. In June 2024 the day centre Ms X was attending told the Council and Ms C it was closing down from July 2024. The Council provided reassurance it would consider a new placement for Ms X, and Ms C was told she could suggest other day centres.
14. The Council allocated a new social worker to Ms X’s case, who suggested a potential day centre. However, Ms X and Ms C did not feel this centre was appropriate.
15. By July 2024 Ms C and Ms X had visited day centres and suggested placements to the Council. The day centre Ms X had been attending closed, and no support during the day was in place for her.
16. In early August 2024 Ms X had been assessed at a day centre (placement Y), which confirmed it could meet her needs. The Council’s social worker was aware and placement Y shared costings with the Council. This was for three days per week.
17. Shortly after Ms C found another day centre (placement Z) as Ms C needed a further two days of support. Placement Z confirmed to the Council in early September 2024 it could meet Ms X’s needs and shared its costings.
18. In early September 2024 the Council’s funding panel met and considered Ms X’s care and support placements.
19. Ms C raised concerns to the Council about the length of time it had taken to arrange Ms X’s placements and the lack of contact from the allocated social worker.
20. Ms X started attending and receiving support at placement Y in late September 2024 for three days per week. Placement Z did not start until the end of October 2024 for two days per week.

Ms C’s complaint

21. Ms C complained to the Council about the length of time it had taken it to arrange Ms X’s day centres. She also said the allocated social worker had failed to respond to communication from her and the placements and lacked professionalism.
22. The Council initially attempted to resolve the complaint informally by arranging the day centres for Ms X. However, as the delays continued Ms C wanted a response to her complaint.
23. In response the Council accepted it had:
• caused delays in arranging Ms X’s placements when the day centre she had been attending closed down. It apologised for the inconvenience this caused;
• communicated poorly with Ms C and the placements. It explained it had addressed the handling of the case with the social workers involved. Part of the issue was the social worker was on leave and did not allocate the case to its duty team in her absence;
• discussed Ms C’s concerns about the social workers professionalism with the relevant social worker; and
• arranged for placement Y which Ms X had started attending, and confirmed placement Z would start in the end of October 2024.
24. Ms C asked the Ombudsman to consider her complaint as she did not feel the Council had properly acknowledged the impact its delays and poor handling of Ms X’s placements had.

Analysis and findings

Placement delays and communication

25. The Council has accepted it caused delays to put in place the support Ms X required as set out in her care plan, and it communicated poorly with Ms C.
26. I found the Council’s delay and poor communication both started in early August 2024. In reaching my view, I was conscious the Council did try and work with Ms C in July to find a suitable placement and Ms X had to be assessed by the day centres before they were able to confirm they could meet her needs. The fault was therefore:
• delay from the middle of August when placement Y had confirmed it could support Ms X three days per week, until the end of September 2024 when placement Y began;
• delay from the middle of September 2024 when placement Z had confirmed it could support Ms X two days per week, until the end of October when placement Z began; and
• ongoing poor communication by the Council’s social worker from August to October 2024.

Complaints handling

27. I have considered the Council’s handling of Ms C’s complaint which she made in September 2024. It took the Council five weeks to provide its formal response to her complaint. However, the evidence shows it acknowledged her complaint and made attempts to resolve her concerns during this period.
28. I have not found fault in how the Council handled Ms C’s complaint as it acted in line with its policy.

Injustice

29. I understand Ms C and the family supported Ms X in their home during the period where the placements should have been in place. This included taking time off from work.
30. I am not satisfied the Council’s apology was not enough to remedy the impact its delay and poor communication caused. I found:
• Ms C and the family experienced significant distress and uncertainty. They also had to take turns to support Ms X during the day for five days per week over a six-week period, and a two days per week over a further five-week period; and
• although Ms C and the family supported Ms X which mitigated the impact she experienced, they could not provide the same level of support and opportunities she was entitled to. Ms X therefore still experienced distress, uncertainty and a loss of opportunity to develop her skills and socialise as set out in her care and support plan.
31. I have not made any service improvement recommendations on this case as the Council has addressed the reasons for the delays and poor communication with the officers involved.

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Action

32. To remedy the injustice the Council caused to Ms C and Ms X, the Council should, within one month of the final decision:
1. pay Ms C a symbolic payment of £750 to acknowledge the distress and uncertainty she experienced as a result of its delay and poor communication. Including the impact the family had to provide further support to Ms X.
2. pay Ms X £500 to acknowledge the distress and uncertainty she experienced as a result of the Council’s fault. Including the loss of opportunities to develop her skills and socialise until her day centre placements began.
33. The Council should provide us with evidence it has complied with the above actions.

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Decision

34. I have completed my investigation with a finding of fault by the Council which caused an injustice. The Council will make payment to acknowledge the impact its faults had on Ms X and the family.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman