Summary: Mr X complained the Council has failed to adequately meet his care and support needs. Mr X has been in a temporary accommodation since June 2024 which he says is not suitable for his care needs. We found there is no evidence of fault in the way the Council has assessed or met Mr X’s care needs.

The complaint

1. Mr X complained the Council has failed to adequately meet his care and support needs. Mr X has been in a temporary accommodation since June 2024 which he says is not suitable for his care needs. Mr X’s children cannot visit him at the temporary accommodation and the lack of contact is affecting his mental and physical health.

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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 Mr Y and the Council as well as relevant law, policy and guidance.
5. 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

6. 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’.
7. 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.
8. Councils have a duty to meet eligible needs (needs which meet the eligibility criteria). (Care Act 2014, section 18). An adult’s needs meet the eligibility criteria if they arise from or are related to a physical or mental impairment or illness and as a result the adult cannot achieve two or more of the following outcomes and as a result there is or is likely to be a significant impact on well-being:
• Managing and maintaining nutrition
• Maintaining personal hygiene
• Managing toilet needs
• Being appropriately clothed
• Making use of the home safely
• Maintaining a habitable home environment
• Accessing work, training, education
• Making use of facilities or services in the community
• Carrying out caring responsibilities.

(Care and Support (Eligibility Criteria) Regulations 2014, Regulation 2)

9. The Care Act (section 8) explains the different ways a council can meet eligible needs by giving examples of services that may be provided:
• Accommodation in a care home or other premises
• Care and support at home
• Counselling and social work
• Information advice and advocacy
10. If a council decides a person is eligible for care, it should prepare a care and support plan which specifies the needs identified in the assessment, says whether and to what extent the needs meet the eligibility criteria and specifies the needs the council is going to meet and how this will be done. The council should give a copy of the care and support plan to the person. (Care Act 2014, sections 24 and 25)

What happened here

11. This is a summary of events outlining key facts and it does not cover everything that has happened in this case.
12. Mr X’s friend, Mr Y is supporting him in bringing this complaint.
13. Mr X presented as homeless and the Council provided him with interim accommodation while it made enquiries. In May 2024 the Council determined Mr X was intentionally homeless. It asked him to leave the interim accommodation by 31 May 2024.
14. The housing service also made a referral to the Council’s adult social care service for a care needs assessment. Mr X remained at the interim accommodation until 4 June 2024 when the adult social care team arranged alternative accommodation.
15. A social worker visited Mr X at the temporary accommodation on 5 June 2024 to assess Mr X’s care needs. The assessment identified Mr X had eligible needs. Mr Y told the social worker Mr X would not accept a package of care and that he and Mr X’s brother were happy to support Mr X in meeting his needs. Mr Y also said Mr X would like to be placed in housing in Haringey.
16. Mr Y chased the Council for an update the following week. He again said Mr X would like to move back to Haringey as the temporary accommodation was too far from his support network. Mr Y said Mr X had not attended appointments with his psychologist or GP for two weeks.
17. The Council confirmed it had asked its brokerage team to look for temporary accommodation closer to Haringey, but Mr X would have to remain in his current accommodation in the meantime. It also suggested Mr X explore other methods for his appointments if he could not attend face to face.
18. The Council arranged for Mr X move to alternative temporary accommodation within Haringey on 21 June 2024. In July 2024 Mr Y raised concerns about the suitability of the accommodation as Mr X’s children could not visit or stay with him there. The accommodation was also next to a school and a park which makes Mr X think of his children and causes him distress as he cannot see them.
19. Mr Y made a formal complaint to the Council about its failure to provide suitable accommodation to support Mr X’s needs.
20. The Council responded in early August 2024. It noted the care assessment identified Mr X had eligible needs and that adult social care provided emergency accommodation. The Council said that housing demand meant sourcing suitable accommodation in Haringey may take some time. But the social worker was actively involved and supported Mr X’s return to the borough.
21. Mr X and Mr Y were not satisfied by the Council’s response and asked for their complaint to be considered further.
22. Mr X’s case was reallocated to a new social worker who visited Mr X and Mr Y to reassess Mr X’s care needs. The social worker also contacted Mr X’s psychologist and the accommodation provider for their views. The assessment notes Mr X’s main issue is his current living situation, which the social worker acknowledges is not ideal.
23. The social worker recommended Mr X move to alternative accommodation. They discussed the possibility of Mr X renting a private property and then applying for Housing Benefit/ Universal Credit.
24. The Council responded to Mr Y’s complaint at stage 2 of its complaint procedure in late August 2024. It said it had liaised with the Mental Health Trust, its commissioning team and the housing department to explore other possible accommodation. Unfortunately there were no housing options available to facilitate Mr X having more contact with his children.
25. The Council acknowledged this was Mr X’s desire and that it would probably have a positive impact on improving his depression. It said it when Mr X returned from his holiday, it would discuss with him and explore what support it could provide to facilitate more contact with his children.
26. The Council’s records show Mr Y contacted the Council again in October 2024 to report that Mr X’s condition was deteriorating and his living conditions remained unsuitable. An officer discussed Mr X and Mr Y’s concerns with them on 24 October 2024. The records of the call note Mr X again said the accommodation was unsuitable as his children could not visit him there and it was close to a school. Mr Y also said the placement staff were not there overnight to support Mr X and were struggling to meet his support needs. Mr Y said the family could support Mr X’s needs if he moved to a one-bedroom property.
27. The records also show the officer explained the difference between housing provision and social services provision. They explained Mr X could move but it would be to another supported provision where young children are still not allowed to visit. The officer suggested Mr X apply to join the housing register.
28. Following this conversation the Council contacted the accommodation provider who confirmed there were staff on site all the time who were able to support Mr X. They said the family administer Mr X’s medication and that Mr X visits his brother daily and is able to use public transport independently.
29. The accommodation provider denied telling Mr Y they were not able to meet Mr X’s needs.
30. The Council subsequently told Mr Y that accommodation is not a care and support need but can be provided in order to meet other eligible care and support needs. Adult social care had provided Mr X’s current accommodation as he had been assessed to have eligible care needs due to his mental health.
31. Mr Y continued to contact the Council on a daily basis requesting that Mr X be rehoused. He said Mr X was suicidal and asked the Council to act before any harm occurred. Mr Y also contacted the safeguarding team. A safeguarding officer discussed Mr Y’s concerns with him and determined the case did not meet the threshold for safeguarding enquiries. They were satisfied Mr X had been referred to appropriate services. The officer also requested a review of Mr X’s case.
32. The Council allocated Mr X’s case to a Mental Health Social Worker who met with Mr X and Mr Y in December 2024. The records show Mr Y maintained the Council had a duty to provide suitable accommodation for Mr X as his current accommodation was not suitable for his needs.
33. The social worker explained that adult social services had provided accommodation suitable for his needs in relation to the outcomes of his assessment. They said ‘suitable accommodation’ in the context of the Care Act relates to suitability of accommodation to deliver the care and support outcomes for the assessed eligible care and support needs.
34. The social worker explained this did not extend to supplying independent accommodation for someone whose wellbeing was being affected by not being able to have visits from a child they do not have parental responsibility to care for. They said the outcome to allow Mr X to maintain family relationships had been met as he was now in a placement close to his brother who lives in Haringey.
35. The record of the meeting also noted Mr X did not want to be supported by any care staff at any supported setting. He said his wellbeing would only improve if he had a place he could call his own. The social worker advised Mr X to approach the housing department for support with this.
36. Having spoken to Mr X’s psychologist, the social worker then arranged a further meeting later that month with Mr X, Mr Y, Mr X’s psychologist and a translator. The accommodation provider also joined the meeting remotely. The purpose of this meeting was to discuss and identify any unmet outcomes from his supported accommodation. The notes show Mr X reiterated that he did not want to receive care support at this or any other supported accommodation.
37. The social worker noted that although Mr X’s children were unable to visit or stay overnight at his current placement, there were no restrictions on his access to his children at different locations. For example the homes of his family and friends.
38. Mr X remains dissatisfied and has asked the Ombudsman to investigate his concerns. In response to my enquiries the Council says it is satisfied Mr X’s needs are being met within the existing placement.
39. Since contacting the Ombudsman Mr X had applied to join the housing register. The Council has awarded Mr X Band C priority. Mr Y asserts Mr X should have higher priority based on his medical needs. Mr X has the right to request a review of this decision. It does not form part of my investigation.

Analysis

40. It is not the Ombudsman’s role to decide what services or support a person is entitled to receive. The Ombudsman’s role is to establish if the Council has assessed a person’s needs properly and acted in accordance with legislation.
41. In this case I have found no fault in the way the Council assessed Mr X’s care needs. The Council has identified Mr X has eligible needs and has provided supported living accommodation in Haringey to meet these needs. Mr X has declined a package of care, preferring to be supported by his brother and Mr Y.
42. It is unfortunate that Mr X’s children cannot visit him at the supported accommodation but there is no evidence Mr X is unable to spend time with his children away from the accommodation.
43. The Council has offered to look for alternative an alternative placement away from the school and park, but as this would still be in supported accommodation Mr X declined. The Council is not required to provide Mr X with a one bedroom property.

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Decision

44. I find no fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman