North Yorkshire County Council (17 002 767)

Category : Adult care services > Charging

Decision : Upheld

Decision date : 21 Feb 2018

Summary

Mrs A complains the Council failed to provide enough help when her mother had to move from a residential care home to a nursing home, resulting in her being forced to accept a placement which requires a top-up.

The complaint

Mrs A complains the Council failed to provide enough help when her mother had to move from a residential care home to a nursing home, particularly in regard to providing information about homes which would accept people with her mother's specific needs in a location close to her family. This resulted in her being forced to accept a placement which requires a top-up.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

To remedy the injustice caused the Council has agreed to pay Mrs A £500 for the time and trouble it has put her to.

We also recommend the Council:

  • writes to Mrs A apologising for its failings;
  • refunds £50 a week of the top-up paid by Mrs A and waives this from future payments, at least until it reviews the placement top-up;
  • amends its Individual Placement Agreements to bring them into line with the Statutory Guidance;
  •  considers what action it needs to take to ensure:
    • assessments address the location of placements when this has been raised as an issue;
    • placements are not made which require a top-up when there is no top-up agreement in place;
    • best interest decisions are made when necessary; and
    • people are given a care and support plan, including a meaningful personal budget, before a placement in residential accommodation is made.

Ombudsman satisfied with Council's response: 5 July 2018.

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