Somerset Council (25 005 508)

Category : Adult care services > Assessment and care plan

Decision : Upheld

Decision date : 03 Jun 2026

The Ombudsman's final decision:

Summary: There was some delay on the part of the Council in allocating a social worker to Ms X in 2024. The Council has now reassessed Ms X’s needs and suggested community options which could meet her needs instead of a funded service. It will now also offer a payment in recognition of the delay in allocating a new social worker in 2024.

The complaint

  1. Ms X (the complainant) says the lack of support by an allocated worker has impacted on her ability to access services. She also says her home has become unmanageable due to the lack of support from a care provider.

Back to top

The Ombudsman’s role and powers

  1. 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)
  2. 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)

Back to top

How I considered this complaint

  1. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
  2. Ms X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

Back to top

What I found

Relevant law and guidance

  1. 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

  1. Ms X has some mental health disorders which make it difficult for her to access appointments in her own. She also struggles with maintaining her flat properly and in the past has had deep-cleans of her home, although she recognises this is not sustainable in the long term.
  2. During 2024 her then social worker sought and obtained partnership funding for a professional organiser to help de-clutter Ms X’s flat. Ms X had found the organiser herself and thought it was a good idea to have someone who could teach her strategies for maintaining a tidy flat and link with her existing care providers.
  3. In 2024 there was a gap between June and November when Ms X did not have an allocated social worker. The Council says this was because the previous social worker was thought to be returning to work and the Council considered it better if Ms X had a familiar worker. She was supported by a triage worker during the gap before another social worker was appointed.
  4. In her support plan of January 2025, Ms X was assessed as needing 2.5hours help 2 days a week for “Support with accessing the community, maintaining the home environment, supporting with personal care needs and nutritional needs.” A care provider was appointed to deliver the service. Ms X’s assessment says “Previous deep cleans have not helped (Ms X) maintain a habitable home. (Ms X) has felt down by the Mental Health Social Care Team as she has does not feel she has received the right support after the deep clean mainly in maintaining her home environment.”
  5. In February 2025 Ms X complained to the Council about the long period of time the previous year when she had not had any support. She said during that time she had paid hundreds of pounds to a professional organiser which she wouldn’t have had to pay if the care provider had supported her as it should.
  6. The Council responded to her complaint with an assurance that her case was not closed but as a new social worker had now been appointed, the complaint would be closed down. The Council acknowledged her frustration at the length of time without a social worker.
  7. Ms X gave notice to her care provider in June 2025 as she considered they had breached confidentiality in some comments made about her to her social worker.
  8. The Council’s records show attempts made by the social worker to meet Ms X to complete a review of what had happened and how to support her in future. The Council says the social worker –

“16 May 2025: Offered a review on 20 May – (Ms X) declined.

27 May 2025: Offered another date – (Ms X) said she could do after 30 May.

3 June 2025: Offered 17 June as an alternative.

10 June 2025: Proposed a review – no response.

A review was also offered on 26 June 2025 at 11:00, explaining that this was needed to reassess her needs and see what had changed.” It appears that there was some miscommunication about this appointment as Ms X was expecting the appointment but the social worker did not attend.

The social worker left the Council in July 2025.

  1. The Council has appointed another social worker to support Ms X. It says that community options are being looked at instead of funded care. Previous care providers reported that Ms X was able to access the community independently using her own car; her freezer was said to be well-stocked although she had asked for food vouchers, and her flat needed de-cluttering rather than deep cleaning as she had requested. The social worker says he has tried to contact Ms X but without response.

Analysis

  1. There was a long period of time when Ms X did not have an allocated social worker but she did have care and support during that time. There was support available in terms of a triage social worker when required. Nevertheless, the Council should acknowledge the length of time Ms X was without an allocated worker which caused frustration and some sense of abandonment.
  2. Following Ms X’s decision not to keep on the care provider in June 2025, it appears the Council made a number of attempts to contact Ms X without success to review her needs for care. Since then her needs have been reviewed and community options suggested as an alternative to funded support.

Back to top

Action

  1. Within one month of my final decision the Council will offer a payment of £300 to Ms X to acknowledge the injustice caused to her by the lack of contact and allocated support during the months June to November 2024.
  2. The Council should provide us with evidence it has complied with the above actions.

Back to top

Decision

  1. I have completed this investigation as I find fault causing injustice which completion of the recommendation in paragraph 18 will remedy.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings