Derby City Council (19 004 553)

Category : Adult care services > Domiciliary care

Decision : Not upheld

Decision date : 03 Dec 2019

The Ombudsman's final decision:

Summary: Miss X complained about the Council’s decision to change her care package and reduce the length of carer visit times. I have discontinued my investigation. The Council has already reviewed Miss X’s care and has reinstated her care package to the previous level which meets her needs. Further investigation would unlikely lead to a different outcome.

The complaint

  1. Miss X complained about the Council’s decision to change her care package and reduce the length of carer visit times. Miss X said the new care package did not meet her needs and left her at risk.

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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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely further investigation will lead to a different outcome, (Local Government Act 1974, section 24A(6), as amended).
  2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

  1. I spoke to Miss X about her complaint.
  2. I considered information from the Council.
  3. Miss X and the Council had an opportunity to comment on my draft decision. I considered the comments before I made a final decision.

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What I found

  1. Miss X lives alone at home and has care needs due to her disabilities which mean she cannot walk and only has limited use of her hands. Miss X had a care package in place since 2016.
  2. During 2019 the Council carried out a review of Miss X’s needs. The Occupational Therapist (OT) identified Miss X needed support from two carers during moving and handling tasks in order to safely manage her needs. Miss X’s existing care agency were unable to support that additional care. Therefore, the Council sought an alternative care agency to support Miss X’s needs.
  3. The Council changed Miss X’s care package to reflect her need for two carers. As the new care package included two carers, the Council reduced each visit by 15 minutes. However, the new care agency gave the Council notice on the package as it felt it could not properly meet Miss X’s needs with time allocated. It said the carers were spending too long with Miss X in order to meet her needs which meant they kept other clients waiting.
  4. Miss X complained to the Council. She said the new care package and reduced visit times were not meeting her needs. She said the carers rushed their visits and she felt distressed and at risk. Miss X said she wanted an extended care package with someone with her throughout the day.
  5. The Council responded to Miss X. The Council had felt the new reduced care package with two carers should have met her needs. It thought that two carers could have completed tasks to meet her needs in a shorter time than previously. It recognised, following the introduction of the new care agency, that this was not possible. It apologised the new care agency was not able to meet her needs and for the disruption caused to Miss X. It said its intention was to reinstate Miss X’s previous care times to the previous length.
  6. Miss X remained unhappy and complained to the Ombudsman.

My findings

  1. Following Miss X’s complaint to the Ombudsman the Council said it was already carrying out a review of her care. The Council increased Miss X’s care package so her care visits are the same length as they were prior to the changes. In addition, it said the local Clinical Commissioning Group (CCG) had agreed to fund night care for Miss X. Therefore, Miss X has already had her care package reviewed so it meets her needs. Miss X has confirmed she is satisfied with the arrangement. There was nothing else I could achieve through further investigation.

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Final decision

  1. I have discontinued my investigation. It is unlikely further investigation into the matter would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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