Summary: The Council was at fault for its record keeping regarding Mr Y’s care. This has caused uncertainty about whether carers are justifiably ending care calls early and about the care Mr Y received. The Council was not at fault for the other aspects of the complaint. To remedy the injustice caused the Council agreed to apologise, make a payment for the uncertainty caused and remind the care provider to ensure its carers properly record notes in customers care logs

The complaint

1. Mr X complains about the way the Council dealt with his father, Mr Y’s social care needs. Mr X complains:
1. Carers are not staying for their allotted timeframes during care visits.
2. Mr Y is getting a poor standard of care as carers are not doing what they are supposed to do during visits.
3. The Council has not installed a permanent ramp at Mr Y’s property.
4. He is being forced to care for Mr Y due to the Council’s failings.
5. The Council has refused to refund him for the cost of petrol he used to carry out shopping and travel to Mr Y’s property to provide care.
6. The Council delayed carrying out a carers assessment.

Back to top

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. We may investigate complaints from the person affected by the complaint issues, or from someone else if they have given their consent. If the person affected cannot give their consent, we may investigate a complaint from a person we decide is a suitable representative. (section 26A or 34C, Local Government Act 1974)
4. 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)

Back to top

What I have and have not investigated

5. I have only investigated matters up until the end of the complaints process in late May 2025. If Mr X has further concerns after May 2025, he would need to make a formal complaint about these to the Council in the first instance.

Back to top

How I considered this complaint

6. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
7. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

Back to top

What I found

Assessment

8. Sections 9 and 10 of the Care Act 2014 require councils to carry out an assessment for any adult with an appearance of need for care and support. They must provide an assessment to everyone regardless of their finances or whether the council thinks the person has eligible needs. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. It must also involve the individual and where suitable their carer or any other person they might want involved.
9. Councils must carry out assessments over a suitable and reasonable timescale considering the urgency of needs and any variation in those needs. Councils should tell people when their assessment will take place and keep them informed throughout the assessment.

Carer’s Assessment

10. Where somebody provides or intends to provide care for another adult and it appears the carer may have any needs for support, the council must carry out a carer’s assessment. A carer’s assessment must seek to find out not only the carer’s needs for support, but also the sustainability of the caring role itself. This includes the practical and emotional support the carer provides to the adult.
11. As part of the carer’s assessment, the council must consider the carer’s potential future needs for support. It must also consider whether the carer is, and will continue to be, able and willing to care for the adult needing care. (Care and Support Statutory Guidance 2014)

Carer’s Budgets and Respite

12. The Care Act 2014 says the council may meet the carer’s needs by providing a service directly to the adult needing care. The carer must still receive a support plan which covers their needs, and how the council will meet them. The carer’s personal budget must be an amount that enables the carer to meet their needs to continue to fulfil their caring role. It must also consider what the carer wishes to achieve in their day-to-day life. Part of the planning process should be to agree how the carer will use the personal budget to meet their needs. (Care and Support Statutory Guidance 2014)

Care Plan

13. 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. When preparing a care and support plan the council must involve any carer the adult has. The support plan must include a personal budget, which is the money the council has worked out it will cost to arrange the necessary care and support for that person.

Reviews

14. Section 27 of the Care Act 2014 says councils should keep care and support plans under review. Government Care and Support Statutory Guidance says councils should review plans at least every 12 months. Councils should consider a light touch review six to eight weeks after agreeing and signing off the plan and personal budget. They should carry out reviews as quickly as is reasonably practicable in a timely manner proportionate to the needs to be met. Councils must also conduct a review if an adult or a person acting on the adult’s behalf makes a reasonable request for one.

Background

15. There has been extensive correspondence between Mr X and the Council since September 2024. In this section of the statement I summarise key events but I do not refer to every single contact and communication.
16. Mr Y lives in flexi-care accommodation which has a care provider on site. Mr Y’s accommodation is on the ground floor.
17. Mr Y was getting 7.5 hours of care per week from carers visiting him.
18. In September 2024, the Council reviewed Mr Y’s care. The review identified he was having issues with shopping support and the care provider who was providing his care did not offer this service. The Council decided as a temporary arrangement to give Mr Y £500 direct payment to use to employ an agency to take him into the community to do shopping.
19. In February 2025, the Council held another care review. The outcome of this review was the Council decided to increase Mr Y’s care from 7.5 hours per week to 11 hours per week to allow for a longer care visit at tea time to help Mr Y with more choice over his main meal. Carers were also to help Mr Y make a meal plan and a shopping list. The notes from the review showed Mr X would do shopping for Mr Y on an informal basis.
20. Mr Y’s care plan also stated carers would offer him a shower every Friday and the visit times each Friday were extended to facilitate this. Carers were also to prompt him to charge his scooter each day.
21. The Council also offered Mr X a carers assessment. The notes showed he had declined this in the past. Mr X said he wanted to check with his own mental health worker to see if they could carry out the carers assessment.
22. On 12 March 2025, Mr X told the Council he wanted a carers assessment after consulting his own mental health worker.
23. The Council carried out a carers assessment for Mr Y in April 2025 and Mr X was offered a one off carers direct payment.
24. In July 2025, the Council reviewed the changes it had made to Mr Y’s care package. The Council noted Mr X said he did not want to do shopping for Mr Y anymore but Mr Y’s other child agreed to do online shopping for him. The review concluded Mr Y’s current care package was suitable.

Mr X’s complaint’s

Complaint a) Carers are not staying for their allotted timeframes during care visits

25. Mr X complained carers providing care for Mr Y were not staying for their allotted timeslots and leaving early. The Council’s position on this was it investigated Mr X’s concerns in April 2025 and looked at the care notes which showed four care visits per day.
26. Mr Y was due to receive four care calls per day. 15 minutes in the morning, 15 minutes at lunch time, 45 minutes at tea time and 15 minutes at bed time. On a Friday Mr Y’s lunch time call was extended to 45 minutes so carers could help him shower.

Findings

27. I have considered the care logs provided for Mr Y’s care. The care logs showed four visits per day. For Mr Y’s 15 minute calls these were all generally around 15 minutes, with some calls being slightly shorter than 15 minutes and others being slightly longer.
28. The care logs showed Mr X did not receive the full 45 minutes for his tea time visits from carers. From March 2025 he was due to receive a 45 minute tea time call to help him with meal planning and preparation. Since March 2025, the care logs showed Mr Y only receive between 15 and 30 minutes of care for his tea time call. For some of these calls carers have noted Mr Y did not want any further assistance, therefore justifying why the call was short. However for others there are no notes from the carers to justify why the visit was short. This is fault.
29. As carers have not always recorded why visits were short, in particular the tea time visit this will have caused Mr X uncertainty about whether Mr Y was getting the care listed in his care plan for the evening visits, namely around meal planning and preparation.

Complaint b) Carers are not doing what they are supposed to do during visits

30. Mr X complained carers were not providing Mr Y with adequate care. The Council said that Mr Y would often decline care and support and has capacity to make decisions about his care.

Findings

31. The care logs showed carers were not always prompting Mr Y to charge his scooter daily, despite the care plan saying they should do this. The care logs also showed Mr Y was not always being offered a shower on Fridays. This includes on 21 March 2025, when the care logs showed Mr Y was sitting in urine. Between March 2025 and June 2025 there were seven Fridays when the care notes do not show Mr Y was offered a shower. This is fault.
32. While there are also many instances of Mr Y declining care and declining a shower, cares should ensure they are recording offering Mr Y a shower as this is part of his care plan. The lack of detail in the care logs means Mr X is uncertain about whether Mr Y has in fact received an appropriate standard of care.
33. As discussed above there is evidence in the care logs of Mr Y’s tea time visit from carers being much shorter than 45 minutes with no reason given. Again this will add to the uncertainty about whether he was getting the care he should in the tea time visit.
34. I cannot say that the standard of care Mr Y received was inadequate as there are many instances of him declining care and support, however the insufficient detail in his care logs will cause uncertainty about the care he received.

Complaint c) The Council has not installed a permanent ramp at Mr Y’s property

35. Mr X said Mr Y does not have a permanent ramp access to his flexi-care accommodation. The Council said it is up to the landlord of the property to carry this out. The Council referred Mr Y to its occupational therapist service in February 2025 who recommended a level platform with a permanent ramp. The Council passed this to the care provider who agreed to discuss this with the landlords where Mr Y lives. The Council said the occupational therapist also recommended a molif and riser belt as suitable options for Mr Y. The Council provided him with this equipment.

Findings

36. I do not consider the Council was at fault for how it considered this. The Council has carried out an occupational therapy assessment and passed the recommendations to the landlords where Mr Y lives, as it is up to them to decide whether to put in place a ramp. It has also provided him with equipment to use in the meantime. The Council has ensured there is a suitable evacuation plan in place for Mr Y.

Complaint d) and e) Mr X is being forced to care for Mr Y due to the Council’s failings and the Council has not refunded him for petrol costs he incurred.

37. Mr X said he is having to step in and provide care to Mr Y. This mainly relates to shopping for Mr Y. Mr X said he has incurred petrol costs having to go shopping for Mr Y.
38. The Council said it has put in place suitable options for Mr Y to do shopping and will not refund Mr X’s petrol costs as he agreement to do shopping for Mr Y was only an informal arrangement and alternatives were available.

Findings

39. In September 2024, during Mr Y’s care review, the Council identified issues with shopping and the care provider supporting Mr Y did not provide this service. The Council at this point gave Mr Y £500 as a temporary measure to pay a carer to take him shopping.
40. In the February 2025 care review the Council agreed to put in place extra support to help Mr Y with meal planning and shopping lists. At this point Mr X agreed to carry out Mr Y’s shopping on an informal basis. The Council also offered Mr Y alternatives such as having a carer complete an online shop with Mr Y, but this was refused.
41. I am satisfied the Council gave Mr Y suitable options for his shopping and had arrangements in place if Mr X did not agree to go shopping. There is some fault in that it took the Council longer than it should have to put this in place, however I do not consider this caused significant injustice.

Complaint f) The Council delayed carrying out a carers assessment

42. Mr X complained about the time taken to carry out a carers assessment for him. The Council offered Mr X a carers assessment in February 2025 and Mr X told it he wanted to check with his own mental health worker to see if they could carry out the carers assessment. The Council has recognised it should have told Mr X it would carry out the assessment not him mental health worker and as a result this delayed Mr X’s getting an assessment by around a month. The Council apologised to Mr X.

Findings

43. I am satisfied the Council was at fault for not giving Mr X the correct information and telling him he did not need to check with his own mental health worker to see if they could carry out the carers assessment. This has resulted in a short delay with Mr X getting a carers assessment. While this is fault, the Council has recognised this and apologised to Mr X. I am satisfied this has remedied any injustice caused.

Back to top

Agreed Action

44. Within one month of my final decision, the Council agreed to carry out the following:
• Apologise to Mr X for the injustice caused by the above faults. 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 £300 to recognise the uncertainty caused as to whether Mr Y received suitable care given the issues with Mr Y’s care logs.
• Remind the care provider to ensure that its carers are properly recording notes in customers care logs. This should include:
1. whether they offer a customer a shower or wash when it states specifically in the care plan this is to be offered.
2. each time a customer declines personal care.
3. the reasons why any care visit is shorter than scheduled.
45. The Council should provide us with evidence it has complied with the above actions.

Back to top

Decision

I find fault causing injustice. The Council agreed to the above actions to remedy the injustice caused.

Back to top

Investigator's decision on behalf of the Ombudsman