Summary: Mr X complained the Council failed to provide continuity of care for his mother, Mrs Y, when she had to move to temporary accommodation. We find the Council delayed arranging care at Mrs Y’s temporary accommodation. The Council has agreed to apologise and provide a financial remedy.

The complaint

1. Mr X complained the Council failed to provide continuity of care for his mother, Mrs Y, when she had to move to temporary accommodation.
2. He says this has caused issues in terms of Mrs Y’s dignity as family members and friends had to provide personal care. He says this also affected him financially as he offered incentives to people to come and look after Mrs Y whilst he was at work.

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The Ombudsman’s role and powers

3. 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)
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
5. 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(i), as amended)

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How I considered this complaint

6. I have considered:
• The information provided by Mr X and discussed the complaint with him;
• The Council’s comments on the complaint and the supporting information it provided; and
• Relevant law and guidance.
7. Mr X and the organisation 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

Law and guidance

8. 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. 
9. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out the fundamental standards those registered to provide care services must achieve. The Care Quality Commission (CQC) has issued guidance on how to meet the fundamental standards below which care must never fall. The standards include:
• Person-centred care (Regulation 9): The service user must have care or treatment that is tailored and meets their needs and preferences. Providers must involve a person acting on the service user’s behalf in the planning of their care and treatment.
• Dignity and respect (Regulation 10): Service users must be treated with dignity and respect and in a caring and compassionate way.
• Safeguarding from abuse (Regulation 13): Service users must be protected from abuse and improper treatment, this includes neglect.

What happened

10. Mrs Y lived at home by herself. She suffers from arthritis, incontinence and reduced mobility. She received daily care visits from Care Provider A through the Council’s Home Support Services. The support provided included personal care and medication administration.
11. In mid-July 2021 there was flooding which affected Mrs Y’s house. She had to move out because of the damage done to her property and moved in with her son, Mr X, who lives around five minutes away. She was due to return home in late September 2021.
12. In late July 2021 Mr X contacted the Council to tell it that Mrs Y had come to live with him temporarily because of the flooding. He said she was no longer receiving care visits which were needed.
13. The Council contacted Care Provider A to arrange for it to attend the new address, which was agreed. Due to the change of address the care provider offered a morning visit between 7:00 and 7:30. Mr X informed the Council this was not a suitable time. The Council warned him that the decision not to accept this visit time may cause a delay in support as it would need to search for a new provider. Mr X maintained this was too early and as such the care provider informed the Council in early August that it could not provide care to Mrs Y.
14. The Council therefore agreed to search for a new care provider for Mrs Y and carried out a new needs assessment. In mid-August the Council made sourcing requests but no care providers indicated they were able to take on Mrs Y’s care. After eight days it put out a request for unmet needs for Mrs Y’s care, which provides a financial incentive.
15. In late August 2021 the Council informed Mr X that it was having difficulties sourcing a care provider and was therefore offering a financial incentive to encourage care agencies to bid.
16. An alternative care provider was employed by the Council to begin in early September 2021.
17. Mr X says during the time that Mrs Y was without carers he could not be at home to support her due to his work. He says as a result he arranged for friends and family to come and provide care during the day and offered them money towards travel costs and their time. He says he also regularly checked on his mother using cameras to check she was ok.
18. Mr X raised a complaint about the lack of care support for Mrs Y in early September 2021. The Council called him to discuss the complaint. During the call Mr X acknowledged that in late July the Council had offered him respite and discussed direct payments.
19. In late September Mr X contacted the Council to explain he intended for his mum to move back to her property in mid-November. Mrs Y was able to move back into her property in late October 2021.

Findings

20. The Council had a duty to arrange the care detailed in Mrs Y’s plan when Care Provider A could no longer provide care. It became aware of this problem in late July but did not contact alternative providers until mid-August and did not find a new care provider until the end of the month. Although Mr X did turn down the care visits at 7:00 I note that Mrs Y received three visits a day and the care provider had not indicated it could facilitate these. I appreciate this was unforeseen and the Council took steps to arrange care, but there was a delay in Mrs Y receiving care. This is fault.
21. Mrs Y was without carers for a month. She had the distress of having to have family and neighbours take care of intimate personal care needs. Further the personal care was done at times when Mr X was able to arrange this and did not necessarily coincide with when Mrs Y needed the care. This is an injustice.
22. Mr X also experienced injustice because of the failure to provide care. He experienced stress and frustration in ensuring that care was arranged for his mother, including offering financial incentives. He also experienced anxiety when he was away from home knowing his mother was alone without scheduled visits.

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Agreed action

23. The Council will within one month of the final decision:
• Apologise to Mr X and Mrs Y for the injustice caused.
• Pay Mr X £200 for the injustice caused by the delay.
• Pay Mrs Y £300 for the injustice caused by the delay.
24. The Council should provide us with evidence it has complied with the above actions.

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Final decision

25. I have completed my investigation. I have found fault leading to injustice and have recommended action to remedy the injustice caused.

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Investigator's decision on behalf of the Ombudsman