Summary: Miss X complained the Council failed to ensure she was receiving services in line with her care plan. We find the Council at fault for reducing Miss X’s weekly support without considering her care needs. This is fault which caused Miss X distress and uncertainty. The Council has agreed to apologise, make a symbolic payment and complete a reassessment of Miss X’s needs.

The complaint

1. Miss X complained the Council failed to ensure she was receiving services in line with her care plan. Miss X told us her support has been reduced from six hours per week, to two hours per week without a proper review of her needs. Miss X told us this has impacted her mental health and family life. Miss X would like the Council to provide 6 hours of support as she received previously.

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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 the Council’s actions in securing Miss X’s support, in line with her care needs, between July 2024 and July 2025.

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How I considered this complaint

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

Legal and administrative background

7. 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.

What happened

8. At the beginning of 2024, Miss X was receiving 6 hours of support weekly in line with her care plan. The support was split across two providers.
9. In July 2024, one of these providers ended its involvement with Miss X due to a breakdown in the relationship between the provider and Miss X.
10. The Council completed a review of Miss X’s care needs following this breakdown and it was agreed that Miss X did not require two hours per week to support her with dog training and socialising. Miss X’s support was reduced to four hours per week across two providers, with two of these hours being provided by a personal assistant.
11. In March 2025 the support from the personal assistant was ended and Miss X sourced an agency who could provide the same support.
12. Due to the cost difference between the personal assistant and the agency support, the Council agreed to only fund two hours of support per fortnight. The Council has not provided any evidence which shows this decision was based on Miss X’s care and support needs.
13. Once the agency was agreed, a meeting took place with Miss X, a Council support worker and the support worker from the agency. It was agreed Miss X’s support would begin the following week with fortnightly visits taking place after the initial meeting.
14. Miss X was not at home when the agency support worker attended for the first visit. Both the Council and agency contacted Miss X over the following week to ask her to confirm she wanted to continue with fortnightly support from the agency.
15. Miss X did not confirm she wishes to continue with support, so the agency worker did not attend the following appointment.
16. The Council contacted the agency again at the beginning of July and it was agreed that support from the agency would resume.

My findings

17. The Council reduced Miss X’s support hours to 6 per fortnight in March 2025. The Council has not provided any evidence it considered Miss X’s care and support needs when reducing the support she received. This is fault which caused Miss X distress, frustration and uncertainty.
18. There is no evidence of fault in the Council’s actions in supporting contact between Miss X and the support worker when Miss X failed to attend the first support visit.
19. In response to our enquiries the Council has recommended the following remedies:
• An apology to Miss X
• A symbolic payment of £250 in recognition of the time and trouble caused to Miss X in raising this complaint.
• A further symbolic payment of £250 in recognition of the way in which Miss X’s assessments have been completed and the resulting outcomes.
• Allocation of a new social worker who will complete a reassessment and liaise with children’s services to support the family.

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Action

20. Within one month of the final decision the Council will:
• Apologise to Miss X for the injustice caused by the faults identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making its apology.
• Allocate Miss X a new social worker, complete a reassessment of her care and support needs and liaise with children’s services to support the family.
• Make a symbolic payment of £500 in recognition of the time and trouble caused to Miss X in raising this complaint and the injustice caused by the Council’s failure to consider Miss X’s care and support needs when reducing her weekly support.
21. The Council should provide us with evidence it has complied with the above actions.

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Decision

22. 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