Summary: Mr X complains the Council failed to secure support hours set out in his care and support plan. We find the Council at fault causing frustration and uncertainty for Mr X. The Council has agreed to apologise, make a payment to reflect the injustice caused, ensure the support hours are put in place and consider reimbursing Mr X for the costs he has incurred.

The complaint

1. Mr X complains the Council failed to provide an additional seven hours of care that was added to his care and support plan. As a result, Mr X says he had to fund the extra care hours himself and suffered distress and frustration due to the loss of service and the delays in communication.

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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(1), as amended)

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What I have and have not investigated

4. I have investigated Mr X’s complaint as set out above from July 2024 up until the point the Council issued its final complaint response in May 2025. Any mention below to events that took place before July 2024 or after May 2025 are for reference only.

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How I considered this complaint

5. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
6. Mr 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

Relevant law and policy

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. 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. 

What happened

9. I have summarised below some key events leading to Mr X’s complaint. While I have considered everything submitted, this is not intended to be a detailed account of what took place.
10. Mr X has a care and support plan that was issued and is maintained by the Council.
11. The Council reviewed Mr X’s care and support plan in July 2024 and agreed an increase of seven additional support hours per week.
12. In October 2024 Mr X contacted the Council to ask when he would begin receiving the additional hours of support. Mr X explained he was aware the Council had discussed this with a provider who did not have capacity to provide the hours and asked it to consider making direct payments to him so he could arrange the care privately.
13. Later that month Mr X emailed the Council to chase an update on the additional seven hours of support. Mr X said the situation was causing him stress and anxiety as he was having to fund the additional care himself.
14. The Council sought to commission the additional seven hours of support for Mr X but struggled to find a provider who could meet these.
15. The Council continued to look for care providers who could deliver the additional seven hours of support into 2025 and agreed to consider Mr X’s preferred providers.
16. On 5 March 2025, the Council emailed Mr X to confirm the package of additional care would begin that day with one hour of support per evening. However, Mr X was not happy with the provider or the lack of notice.
17. Responding to a complaint from Mr X, the Council apologised for the delay in arranging the additional care hours. The Council explained it had now identified a provider, but Mr X had said he wished to choose a different provider. The Council said it was now working with the providers Mr X had identified to see if this was possible. The Council said if Mr X could provide invoices and evidence of payment for the care he had commissioned himself, it would reimburse this.

Analysis

18. Following the review meeting of July 2024, Mr X was eligible for an additional seven hours of support per week however the Council did not put these in place. This is fault. As a result, Mr X incurred the costs of commissioning the care himself, and the frustration and uncertainty of having to chase the Council to secure the support hours and seek reimbursement, which is injustice.
19. The Council has agreed to reimburse Mr X for the costs he has incurred once he provides proof of payment. I find this to be suitable action to put Mr X back into the position he would have been in if not for the fault, however I find the Council ought to take further action to address the frustration and uncertainty caused to Mr X.
20. Up to the end point of my investigation, despite the Council’s efforts to source a provider, Mr X was still not in receipt of the additional care hours. However, the Council had identified a number of providers and was working with Mr X to explore the available options. I find this to be suitable action to address the ongoing injustice to Mr X.
21. Mr X has said the communication with the Council in relation to this situation has been poor which has added to his distress and frustration. I have looked through communication notes between the Council and Mr X and largely the Council appears to have communicated as I would have expected it to and responded to Mr X when he contacted it. I do not find fault with the way the Council has communicated with Mr X.

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Action

22. To remedy the injustice set out above, the Council should complete the following actions within one month of the date of this decision:
• Write to Mr X to apologise for the injustice caused by the delays in putting the additional seven hours of care in place. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Write to Mr X setting out exactly what information it requires to reimburse him for the costs of care he has incurred.
• Make a payment of £500 to Mr X to recognise the frustration and uncertainty caused by the delays in putting the additional care hours in place.
• Write to Mr X setting out how the additional seven hours of care will be delivered going forward.
23. The Council should provide us with evidence it has complied with the above actions.

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Decision

24. I find fault causing injustice. The Council has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman