Summary: Mrs X complains about the decision to move her from a nursing home to a residential home, and the subsequent failure to arrange a package of care which would allow her to return to her own home. I have discontinued our investigation to allow Mrs X to meet with Livewell Southwest, who provide the Council’s adult social care service, and to complete their complaints process.

The complaint

1. The complainant, whom I shall refer to as Mrs X complains Livewell Southwest moved her from a home providing nursing care to an unsuitable residential care home in July 2018.
2. Mrs X also complains the Council subsequently failed to arrange a package of care to enable her to leave residential care in January 2019 when she longer requiring a residential placement. Mrs X says it took Livewell Southwest until May 2019 to source a package of home care. This meant Mrs X incurred additional care home fees she would not have if Livewell Southwest had arranged a package of care sooner.

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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 provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
4. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended). Livewell Southwest provide Adult Social Care services for the Council.

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How I considered this complaint

5. I considered the information and documentation provided by Mrs X, and the Council, and discussed the complaint with Mrs X. Mrs X, the Council and Livewell Southwest 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

6. When Mrs X was discharged from hospital in early 2018, she was assessed as needing a nursing placement. Livewell Southwest arranged an intermediate care nursing placement at Care Home 1. Following a Health and Social Care assessment in June 2018, Livewell Southwest moved Mrs X to Care Home 2 where she received residential rather than nursing care, with support from the district nursing team. Mrs X asserts the decision to move her from a nursing placement was wrong as Care Home 2 could not meet her needs.
7. Mrs X was admitted to hospital in August 2018. When she was discharged, she returned to an intermediate care nursing placement at Care Home 1.
8. A further Health and Social care Assessment in early 2019 determined Mrs X would be able to return home with a package of care. Mrs X complains Livewell Southwest delayed in arranging a suitable care package and she was not able to return home until May 2019.
9. Livewell Southwest has assessed Mrs X’s contribution towards her care while in residential care to be just over £100 per week, while her contribution to the package of care at home is around £35 per week. Mrs X is unhappy that Livewell Southwest’s delay means she has had to pay significantly more for her care than would otherwise have been necessary.
10. Mrs X has complained to both the Council and Livewell Southwest about the service she has received. She has asked the Ombudsman to investigate her complaints due to a delay in Livewell Southwest responding to her concerns.
11. Livewell Southwest have since responded and had arranged to meet with Mrs X in March 2020. This meeting was placed on hold due to the Covid-19 pandemic, but Mrs X is still willing to discuss her concerns with officers from Livewell Southwest to try and resolve this matter. Livewell Southwest would also like the opportunity to try and resolve Mrs X’s complaint.

Analysis

12. As Mrs X is willing to meet with Livewell Southwest to discuss her concerns and complete their complaint process, I do not intend to investigate Mrs X’s complaint any further at this stage.
13. We would expect Livewell Southwest to arrange to meet with Mrs X to try and resolve her complaint as soon as practicable. If Mrs X is unable to resolve the matter directly with Livewell Southwest or she is concerned about further periods of delay, it would be open to Mrs X to resubmit her complaint to the Ombudsman.

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Final decision

14. I have discontinued my investigation to allow Mrs X the opportunity to meet with Livewell Southwest and complete their complaints process.

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Investigator's decision on behalf of the Ombudsman