Summary: Ms X complained the Council failed to ensure continuity of her care and support when she moved to another local authority area. We find no fault in the Council’s actions.

The complaint

1. Ms X complains the Council failed to ensure continuity of her care and support when she moved to another local authority area.
2. She says this resulted in a gap in her care provision, causing her stress, anxiety and a deterioration in her physical health.

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The Ombudsman’s role and powers

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. This investigation considers only the actions of London Borough of Barnet (the Council). I have not investigated the actions of the authority Ms X moved to (Council 2). If Ms X wishes to complain about Council 2’s actions, including its assessment of her needs or provision of care after the move, this would be a separate complaint that must first be made to Council 2 and, if necessary, then brought to the Ombudsman.

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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

Relevant law and legislation

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.

Care Plan

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.

Direct payments

9. Direct payments are monetary payments made to individuals who ask for them to meet some or all of their eligible care and support needs. They enable people to arrange their own care and support to meet those needs. The council must ensure people have relevant and timely information about direct payments so they can decide whether to request them. If they do so, the council should support them to use and manage the payment properly.

Continuity of care and support

10. Sections 37 and 38 of the Care Act 2014 and the care and support statutory guidance sets out the process councils must follow when a person who is receiving support chooses to move to another council area.
11. Where the person chooses to live in a different local authority area, the local authority that is currently arranging care and support and the authority to which they are moving must work together to ensure that there is no interruption to the person’s care and support. (Care and support statutory guidance, paragraph 20.2)
12. The continuity of care process starts when the second authority is notified of the adult’s intention to move. If the person has approached the first authority and informed them of their intention to move, the first authority should make contact with the second authority to tell them that the person is planning on moving to their area. (Care and support statutory guidance, paragraph 20.10)
13. When the first authority has been notified by the second authority that it is satisfied that the person’s intention to move is genuine, the first authority must provide it with:
• a copy of the person’s most recent care and support plan
• a copy of the most recent support plan where the person’s carer is moving with them
• any other information relating to the person or the carer (whether or not the carer has needs for support), that the second authority may request. (Care and support statutory guidance, paragraph 20.20)
14. The second authority should agree the adult’s care and support plan and carer’s support plan, including any personal budget, in advance of the move to ensure that arrangements are in place when the person moves into the new area. (Care and support statutory guidance, paragraph 20.29)
15. The first authority should remain responsible for meeting the care and support needs the person has in their original home and when moving. The second authority is responsible for providing care and support when the person and their carer move in to the new area. (Care and support statutory guidance, paragraph 20.30)
16. Local authorities are expected to achieve continuity of care by ensuring that the second authority has completed a needs assessment and developed a care and support plan for the individual prior to the day of the move. If the second authority has not carried out the assessment prior to the move, it must continue to meet the needs and take into account outcomes identified in the adult’s current care and support plan until it has carried out its own assessment. (Care and support statutory guidance, paragraph 20.40)

What happened

17. Ms X lived in supported living accommodation within the Council’s area. She received externally arranged care and support, which she organised herself using a direct payment.
18. In February 2024, Ms X told the Council she intended to move to another local authority area (Council 2), while remaining with the same supported living provider.
19. The Council acknowledged Ms X’s intention to move and arranged for a social worker to be allocated to support her with the process.
20. In March, a social worker was allocated. The worker contacted Ms X’s supported living provider, which asked the Council to make a referral to Council 2.
21. In April, Council 2 informed the Council that it did not accept referrals for individuals moving into supported living or other care services if they were currently living outside its area.
22. The Council and the supported living provider explained this position to Ms X. The Council explored possible alternative options and discussed these with her.
23. In June, Ms X told the Council the supported living provider had been liaising directly with Council 2 and that Council 2 had approved her move, which was due to take place the following week. Ms X also told the Council she believed she could manage without her usual care support initially, as staff would be available on site at the supported living placement.
24. The supported living provider asked the Council for a copy of Ms X’s care and support plan to assist the new placement in understanding her needs prior to a new assessment. With Ms X’s consent, the Council provided the care and support plan. The Council also sought clarity about the transfer and confirmed it would not continue to fund Ms X’s care once she moved to another authority’s area.
25. Ms X moved to Council 2’s area the following week.
26. At the end of July, Ms X contacted the Council asking it to hand over her care package to Council 2. The Council explained that Council 2 should already be aware of her care and support needs, as it had agreed to the move, but said it could provide further information if requested.
27. The following week, Ms X contacted the Council again. She said the move had gone well and that she was happy in her new placement. She asked the Council to send a copy of her most recent assessment to Council 2. Council 2 also contacted the Council requesting this information. The Council provided the assessment.
28. In October, Ms X complained to the Council. She said it had failed to ensure continuity of her care when she moved. She said she had been without care support since the move, that she did not want care from supported living staff, and that she wanted the Council to reinstate her direct payment.
29. In November, the Council responded to Ms X’s complaint. It explained that Council 2 had said it did not accept referrals from people living outside its area. It said the supported living provider had arranged the move directly with Council 2 without the Council’s involvement. It also said it had provided Ms X’s care and support plan and assessment to the supported living provider and Council 2 when requested, and that Ms X had told it she could manage without care support initially.

My findings

30. The law requires councils to work together to ensure continuity of care when a person receiving care and support chooses to move to another local authority area. The process relies on cooperation between the authority the person is moving from and the authority they are moving to.
31. In this case, Ms X informed the Council of her intention to move. The Council responded appropriately by allocating a social worker and attempting to engage with Council 2 to progress the move in line with the continuity of care provisions.
32. Council 2 told the Council it would not accept referrals for individuals moving into supported living from outside its area. The Council explained this position to Ms X and explored alternative options with her. At this stage, the Council could not progress the formal continuity of care process without Council 2’s agreement.
33. Ms X later informed the Council that the supported living provider had arranged the move directly with Council 2 and that Council 2 had approved it. This arrangement was made without the Council’s involvement. Ms X also told the Council she would manage without her usual care support initially.
34. The Council provided Ms X’s care and support plan and assessment to the supported living provider and Council 2 when requested and with Ms X’s consent. It also made clear it would not continue to fund Ms X’s care once she moved to another authority’s area.
35. Once Ms X had moved, responsibility for meeting her eligible care and support needs transferred to Council 2.
36. While Ms X experienced a gap in her care after moving, this arose from the way the move was arranged directly between the supported living provider and Council 2, and from Council 2’s actions following the move. The evidence shows the Council took reasonable steps to engage with Council 2, shared relevant information when requested, and acted in line with Ms X’s expressed wishes at the time.
37. I therefore find the Council was not at fault in relation to continuity of care. Any concerns about the assessment or provision of care following Ms X’s move fall within the responsibility of Council 2 and are outside the scope of this investigation.

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Decision

38. I find no fault.

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Investigator's decision on behalf of the Ombudsman