Summary: Miss B’s parents complain on her behalf that the Council moved her out of supported living against her wishes and did not share information with the police about safeguarding concerns. Miss B’s parents say this has put their daughter at risk because she cannot manage a property independently and has been a victim of domestic abuse. The Ombudsman has not found fault with the Council. The Ombudsman has not investigated the complaint made that the Council did not support Miss B to transition from children to adult services because it is late.

The complaint

1. Miss B’s parents complain on her behalf that the Council did not support her to transition from children to adult services, moved her out of supported living against her wishes and did not share information with the police about safeguarding concerns. Miss B’s parents say this has put their daughter at risk because she cannot manage a property independently and has been a victim of domestic abuse.

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What I have investigated

2. I have investigated whether the Council moved Miss B out of supported living against her wishes and shared information with the police about safeguarding concerns.
3. I have not investigated whether the Council supported Miss B to transition from children to adult services. This is because the complaint is late; Miss B is now in her early 20s and her parents could have complained at the time.

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The Ombudsman’s role and powers

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
5. 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)
6. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

7. I considered:
• Miss B’s complaint and the information her parents provided;
• documents supplied by the Council;
• relevant legislation and guidelines: and
• the Council’s policies and procedures.
8. Miss B, her parents and the Council had an opportunity to comment on a draft decision.

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What I found

Legislation and guidance

9. The Care Act 2014 sets out councils’ responsibilities to assess the needs of adults in their area. An assessment identifies an individual’s needs, how they impact on their well-being and the outcomes the person wants to achieve in day to day life.
10. Councils must undertake an assessment for any adult with an appearance of need for care and support, regardless of whether the council thinks the individual has eligible needs or their financial situation. Councils must consider all the adult’s care and support needs, regardless of any support being provided by a carer.
11. Councils must involve the adult, their carer if they have one, and anyone else the adult asks to be involved or who has an interest in their welfare. The Care and Support (Eligibility Criteria) Regulations 2014 set the minimum threshold at which needs must be met by a council.
12. An adult’s needs are eligible when they arise from physical or mental impairment or illness; the adult cannot achieve two or more specified outcomes because of those needs; and there is likely to be a significant impact on the adult’s wellbeing.
13. The specified outcomes include:
• Managing and maintaining nutrition.
• Being able to make use of the home safely.
• Maintaining a habitable home environment.
• Developing and maintaining family or other personal relationships.
• Accessing and engaging in work, training, education or volunteering.
14. Once a council has determined eligibility, it must provide the person assessed with a copy of their decision. Where a council finds a person has no eligible needs, it must provide information and advice about what can be done to meet or reduce their needs.
15. If the Council has concerns that an individual is subject to domestic abuse it must complete a risk assessment and if the score is 14 or above, make a referral to Multi-Agency Risk Assessment Conference (MARAC) (Safer Derbyshire, Domestic abuse and MARAC referrals).

What happened

16. This chronology includes key events in this case and does not cover everything that happened.

Housing

17. In January 2019, Miss B’s parents told her she could not live with them anymore.
18. Miss B told the Council she was homeless and had a learning disability. The Council could have referred her to a borough council, which has responsibility for supporting people presenting as homeless. Instead, it placed her temporarily in a residential unit for people with learning disabilities.
19. The residential unit assessed Miss B’s needs. It found that she did not need 24-hour support and noted she spent extended periods of time away from the unit unsupported.
20. The Council also carried out or commissioned Care Act, International Classification of Functioning (ICF), psychological, Community Mental Health and Autism Spectrum Condition Diagnostic assessments. Miss B was diagnosed with autism but was not diagnosed as having a learning disability.
21. The Council held multiagency meetings in March, April, June and July 2019 to discuss Miss B’s needs. Miss B and her parents attended. These meetings included professionals from the police, the residential unit, a domestic abuse support organisation, psychology services, adult social care and an enablement service. The Council asked Miss B if she wanted an independent advocate; she declined.
22. In May 2019 the Council decided Miss B did not meet the criteria for funding through adult social care. As a result, the Council told Miss B and her parents funding for the residential unit would end on the 1 July 2019. Health services completed an assessment for Miss B to see if Continuing Health Care funding could pay for a residential placement. Health services decided she was not eligible for this funding.
23. The Council gave Miss B support to find alternative accommodation. The Council referred Miss B to organisations that offered supported living, floating support, shared lives placements and social housing. It supported her to visit different housing options and helped her to apply for accommodation.
24. Miss B told the Council she had found a property she would like to see. The Council supported her to view the flat and speak to the landlord about renting it. The landlord wanted a guarantor or six months’ rent in advance. Miss B’s parents refused to act as a guarantor. Miss B told the Council she had savings that would cover six months’ rent. Her parents, who manage Miss B’s money, refused to allow her to access her savings to pay the deposit.
25. On 1 July 2019, the Council supported Miss B to declare herself homeless at a borough council. Because of the amount Miss B had in savings the borough council said she would have to contribute towards the cost of her accommodation. Miss B was unhappy about this.
26. Miss B contacted her parents and they agreed she could temporarily return to live with them. Miss B is on waiting lists with housing providers. The Council says it will assess her needs once she has found housing and provide an enablement service to support her to living independently.
27. As well as housing support, the Council’s welfare benefits service gave Miss B and her parents information about benefits and its connector service supported her to find volunteering opportunities and employment.

Domestic abuse

28. Following allegations that Miss B was in an abusive relationship, the Council referred her to the Safeguarding Adults Board. The Council provided information about Miss B’s situation and her diagnoses.
29. Miss B met the police with the Council in February and with her father in March 2019 to discuss and share information. The Council completed a risk assessment and made a referral to MARAC for Miss B.
30. Miss B’s case was considered at a MARAC in April 2019. Miss B was referred to a voluntary organisation for support around domestic abuse. Following a Community Mental Health assessment in November 2019, Miss B was also referred to a domestic abuse education programme.

Analysis

31. When Miss B became homeless, the Council used its discretion to provide accommodation in a residential unit where her needs could be assessed. As well as the residential unit’s assessment, the Council carried out or commissioned several assessments. The Council decided Miss B was not eligible for support from adult social care. This is a decision the Council was entitled to make. I have not seen any evidence of fault in how this decision was reached and so I cannot question its merits.
32. The Council gave Miss B notice that funding for the residential unit would end. It supported her to explore her choices and look for alternative accommodation. Miss B could not secure accommodation because she was unable to access her savings; this is not something the Council was responsible for. The Council says it will provide Miss B with support if required when she does move into her own property. There was no fault in the support provided to Miss B by the Council.
33. Evidence shows the Council followed the correct procedure to escalate concerns about Miss B being in an abusive relationship. It completed a risk assessment, made a referral to MARAC and shared information with the police. The Council also arranged for Miss B and her father to meet the police where they had the opportunity to share information. I find no fault with the Council’s actions to safeguarding Miss B from domestic abuse.

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Final decision

34. I have completed my investigation and do not uphold Miss B’s complaint.

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Parts of the complaint that I did not investigate

35. I have not investigated whether the Council supported Miss B to transition from children to adult services. This is because the complaint is late; Miss B is now in her early 20s and her parents could have complained at the time.

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Investigator's decision on behalf of the Ombudsman