Summary: Mrs X complained the Council delayed carrying out a review of her carer’s assessment. We find the Council was at fault for its delay in completing the review. This caused Mrs X upset and frustration. The Council has agreed to our recommendations to make a payment to Mrs X and implement a service improvement.

The complaint

1. Mrs X complained the Council delayed carrying out a review of her carer’s assessment. She says this caused distress and upset.

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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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How I considered this complaint

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

Carer’s assessment

6. Where somebody provides or intends to provide care for another adult and it appears the carer may have any needs for support, the council must carry out a carer’s assessment. A carer’s assessment must seek to find out not only the carer’s needs for support, but also the sustainability of the caring role itself. This includes the practical and emotional support the carer provides to the adult.
7. As part of the carer’s assessment, the council must consider the carer’s potential future needs for support. It must also consider whether the carer is, and will continue to be, able and willing to care for the adult needing care. (Care and Support Statutory Guidance 2014)

What happened

8. Mrs X was a carer for her late husband (Mr X). She emailed the Council in July 2024 and said it should have completed a review of her carer’s assessment in March 2024. She said she had to chase it every year to complete the review on time. The Council did not respond to her email.
9. Mrs X contacted her local councillor about the Council’s delays in October. Her councillor contacted the Council and made a complaint.
10. The Council issued its response to Mrs X’s complaint at the end of October. It said it completed the previous carer’s review in mid-October 2023. Therefore, it should have completed the 2024 review in mid-October. It apologised it was now overdue, and it had failed to respond to her email from July. It said an officer would be in touch with her in the next two weeks to complete the review.
11. Mrs X contacted the Council and her councillor in mid-November about the ongoing delays.
12. The Council contacted Mrs X on the phone in late February 2025 to complete the review. Mrs X explained Mr X had sadly passed away at the beginning of the month.
13. The Council phoned Mrs X in early March and said it could not offer a carer’s payment as Mr X had passed away. Mrs X said she had been supporting Mr X until he passed away and therefore it was unfair it had refused to offer a payment.
14. The Council reviewed Mrs X’s case and decided to provide a retrospective payment. Mrs X received this in April.

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Analysis

15. The Council should have completed the review of Mrs X’s carer’s assessment in mid-October 2024. It did not contact Mrs X to complete the review until late February 2025. This delay is significant and is fault.
16. The Council also failed to respond to Mrs X’s email from July and November 2024, and it did not contact her to complete the review within two weeks of its response to her complaint.
17. The Council’s faults have caused Mrs X frustration and upset. She was also put to the inconvenience of chasing matters up. I welcome the Council apologised to Mrs X, but I make a further personal recommendation to reflect her injustice. I also recommend a service improvement to prevent a recurrence of the fault.

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Agreed action

18. By 29 July 2025 the Council has agreed to:

• Pay Mrs X £100 to reflect her frustration, upset and inconvenience.
• Issue written reminders to relevant staff to ensure they complete a review of a service user’s carer’s assessment within 12 months of the previous one. If there are going to be delays staff should keep the service user informed.

19. The Council should provide us with evidence it has complied with the above actions.

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Decision

20. There was fault by the Council, which caused Mrs X an injustice. The Council has agreed to my recommendations and so I have completed my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman