Summary: Mr X complained the Council removed Mr Y’s disturbed night carer without following a proper process. This meant Mr X had to step in to provide care to Mr Y at night. We found the Council’s failure to ensure funding continued to enable Mr X to pay for Mr Y’s night care is fault. This fault caused Mr X and Mr Y an injustice. The Council will apologise and make payments to Mr X and Mr Y.

The complaint

1. Mr X complained the Council removed Mr Y’s disturbed night carer without following a proper process. This meant Mr X had to step in to provide care to Mr Y at night.

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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)
4. Under our information sharing agreement, we will share this decision with the Care Quality Commission (CQC).

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How I considered this complaint

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

7. The following is a summary of the key events relevant to our consideration of the complaint. It does not include everything that happened.
8. Mr Y requires care and support with all aspects of daily living. He lives at home with his father, Mr X and has a package of care which is provided by direct payments. Direct payments are monetary payments made to individuals to meet some or all of their eligible needs. They enable people to arrange their own care and support. Mr X manages Mr Y’s direct payments.
9. The Council implemented a care and support plan in May 2025 which provided for one carer 24 hours a day, an additional carer to attend six times a day to assist with transfers and an additional disturbed night carer. Mr X and Mr Y do not consider the care and support plan meets Mr Y’s assessed needs.
10. In order to accommodate a disturbed night worker Mr X had to remove Mr Y’s equipment from the third bedroom. This meant Mr Y’s wheelchair and medical equipment was stored in the corridor overnight.
11. On 14 October 2025 Mr X sent the Council a copy of a fire safety report which advised that all exit routes should be kept clear of medical devices and wheelchairs. Mr X asked for a waking night carer so that the equipment could be stored in the bedroom.
12. On 23 October 2025 the Council told Mr X it would fund two waking night carers for six weeks on the understanding that a meeting would take place within this period to allow further development of a care and support plan. It also confirmed the disturbed night payment would cease.
13. Mr X made a formal complaint that the Council had ended the direct payment funding for the disturbed night carer without any consultation or proper process. Mr X said the Council had acted unilaterally and they had not agreed to a meeting with the Council. This meant Mr Y was without a second carer at night.
14. The Council noted Mr Y’s care and support plan provided for one worker through each 24 hours period and said this would provide a waking night carer. This was a change to the previous plan as a disturbed night worker was already in place. The Council said it was keen to meet with Mr X and Mr Y to further develop a care and support plan and would agree a second waking night carer for six weeks. It said this was on the understanding that a meeting would occur within the period to allow further consideration of the care and support plan. The Council said it was not possible to extend the funding without a meeting to discuss Mr Y’s care and support plan. Mr X considers this was deliberate calculated coercion by the Council that left Mr Y without night care for six weeks.
15. Mr X would not agree to a meeting with the Council until it responded to his concerns about the underfunding of Mr Y’s care and support plan in relation to both hourly rates and hours of care. Mr X says the Council wanted any meeting to include a mental capacity assessment and a reassessment of Mr Y’s needs, which they were opposed to.
16. The Council amended Mr Y’s care and support plan on 31 October 2025 to include a waking night carer for six weeks starting on 24 October 2025. Mr X says they did not receive a copy of this plan. The Council then amended Mr Y’s care and support plan again on 11 December 2025 removing the end date of the second waking night carer.
17. On 19 December 2025 Mr X received a large payment to Mr Y’s direct payment account. He asked the Council for a breakdown. In early January 2026 the Council confirmed it related to backdated payments from 24 October 2025.
18. Mr X complains he had to dismiss a carer in October 2025 as they could not pay them and Mr Y was then reliant on unpaid family and friends carer support. Mr X says this was an unnecessarily difficult and chaotic time for them. It had a significant impact on Mr Y’s safety and wellbeing and placed considerable strain on Mr X.

Analysis

19. Mr Y’s care and support plan provides for two carers overnight. The Council agreed to Mr X’s request to replace the disturbed night carer with a waking night carer. But did not ensure that funding via direct payments continued to enable Mr X to pay for this care. This is fault.
20. This fault disrupted Mr Y’s care arrangements. Although the Council has since made a backdated payment for a waking night carer, these funds were not available at the time the care was needed. This caused Mr X and Mr Y distress and uncertainty. Mr X had to dismiss the disturbed night carer and step in to provide the care and support himself.
21. I consider the Council should make symbolic payments to Mr X and Mr Y to recognise the impact of the removal of the night carer and cancelled direct payments.

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Action

22. The Council has agreed to:
• apologise to Mr X and Mr Y for the distress and difficulties caused by ending the funding for a second night carer. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Pay Mr X £100 to recognise the distress, uncertainty and difficulties he experienced due to the disruption to Mr Y’s care and support;
• Pay Mr Y £100 to recognise the distress and uncertainty he experienced due to the disruption in his care and support.
23. The Council should take this action within one month of the final decision and provide us with evidence it has complied with the above actions.

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Decision

24. 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