Summary: Mr B complained that the Council delayed in making suitable care arrangements for his mother, Mrs C when she was discharged from hospital. We find no fault with the Council’s actions.

The complaint

1. Mr B complained on behalf of his mother, Mrs C, that Kent County Council (the Council) failed to give him notice that the existing care agency was unable to recommence the care package when Mrs C was ready for discharge from hospital. This caused delay in finding a new care agency and Mrs C caught COVID during this period, which caused her and Mr B distress and inconvenience.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have considered the complaint and the documents provided by the complainant, made enquiries of the Council and considered the comments and documents the Council provided. Mr B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. Mr B’s mother, Mrs C was living at home receiving a package of three care visits a day from a care agency (Agency D). In August 2020 she was admitted to hospital. She was discharged home at the beginning of October 2020 and Agency D picked up the same care package again. Agency D said Mrs C’s care needs had increased and she needed a longer lunchtime call.
6. Mrs C was readmitted to hospital on 26 October 2020. Agency D suspended her care package pending her discharge home. On 17 November 2020 it notified the Council that it was cancelling the care package because it could not keep it open any longer, given the staff pressures arising from the COVID pandemic.
7. On 1 December 2020 Mr B informed the Council that Mrs C was ready to be discharged home and requested that Agency D restart the care package. The Council contacted the hospital who confirmed Mrs C was ready for discharge. It also confirmed that Agency D did not have the capacity to take on the care. The hospital offered an alternative temporary service or a short-term bed in a residential care home while the Council looked for a permanent replacement. Mr B declined because he was worried about COVID in care homes. The Council pointed out that Mrs C was also at risk of contracting COVID while in hospital. Mr B requested a different agency. The Council agreed to carry out a reassessment of Mrs C’s needs.
8. On 5 December 2020 the Council completed its assessment and concluded Mrs C’s needs had increased so she needed an additional daily care visit. The Council started to look for a permanent care provider, first sending out daily requests to its contracted care providers.
9. On 11 December 2020 Mr B agreed to the alternative temporary care. Shortly after this the Council sent out requests to non-contracted care providers. On 6 January 2021, the Council found an agency who could provide the care package to Mrs C and the care started on 12 January 2021.
10. Mr B says Mrs C caught COVID from her delayed stay in hospital. She recovered but it was a worrying situation.

Analysis

11. It must have been very distressing for Mrs C not to be able to return home sooner and to have caught COVID while in hospital. However, I cannot identify fault with the action the Council took. Agency D held open Mrs C’s care package for over four weeks but was not able to do so any longer due to staffing pressures. At this point Mrs C was not ready for discharge and the Council did not know when she would be ready, so there was no action it could have taken.
12. When it was aware Mrs C was ready to go home, it ensured Mrs C was offered an immediate temporary alternative, did an assessment to confirm how much care she required and in just over a month (during the Christmas and New Year period) found a replacement care provider. It did not delay, and it ensured Mrs C was not without care for any period.

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Final decision

13. I have completed my investigation into this complaint as I am unable to find fault causing injustice in the actions of the Council towards Mrs C.

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Investigator's decision on behalf of the Ombudsman