Summary: The Ombudsman previously found fault in the actions of the Council and recommended a remedy which the Council agreed to deliver. Mrs B complains that, almost four months after the Ombudsman’s decision was made, the Council had still not provided the agreed remedy. There was fault and the Council has agreed to deliver the remedy.

The complaint

1. Mrs B complains on behalf of her adult son, Mr D. The Ombudsman previously upheld a complaint by Mrs B about the Council’s actions and the Council agreed to deliver a remedy within one month of the final decision.
2. Mrs B says it is almost four months since the final decision was made and the Council has not delivered the remedy.

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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 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)
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(i), as amended)

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How I considered this complaint

5. I have discussed the complaint with Mrs B and considered the information provided by her and the Council and both sides’ comments on the draft decision.

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What I found

Background

6. The Ombudsman carried out an investigation into the actions of the Council which was completed on 22 March 2024. The decision was not published. The complaint related to the care provided to Mr D by a care agency, a lack of clarity in Mr D’s care plan and the agency’s response to allegations made against Mrs C.
7. The Ombudsman recommended the following remedy which was agreed by the Council. The Council said it would:
• Apologise to Mr D and Mrs B and acknowledge the faults that had been identified.
• Pay Mr D £1,000.
• Pay Mrs B £500.
• Remind relevant staff of the importance to set out how the care plan will meet a person’s needs and to explain how the personal budget is calculated.

Delivery of the remedy

8. The chronology of what happened after the decision was made is as follows:
• 23 April 2024. The Ombudsman emailed the Council as it had not received confirmation that the agreed actions had been completed. The Council responded and asked for an extension until 6 May 2024 which the Ombudsman agreed.
• 10 May 2024. The Council said it would provide evidence of the remedy by 14 May 2024.
• 16 May 2024. The Ombudsman wrote to the Council as it had not received confirmation of the delivery of the remedy.
• 17 May 2024. The Council sent evidence that it had sent a letter of apology to Mrs B and that it had carried out the service improvements the Ombudsman had recommended. The Council said Mrs B had provided payment details and the Council had requested that the payments were made to the account provided by Mrs B. The Council said it would send the remittance advice to the Ombudsman once the payment had gone through. The Council asked the Ombudsman to confirm that the complaint was now concluded.
• 20 May 2024. The Ombudsman wrote to the Council and said the remedy was not complete but satisfied.
• 24 May 2024. The Ombudsman wrote to the Council to ask for evidence that the payments to Mr D and Mrs B had been made.
• 7 June 2024. The Ombudsman wrote to the Council to ask for evidence that the payments had been made. The Ombudsman also asked for evidence that the Council had written to Mr D as it had only received the apology letter to Mrs B.
• 9 June 2024. The Council replied and said the request for payment had been sent and the Council would chase up what had happened. It would contact Mrs B to let her know it was progressing the payment and would provide confirmation of payment to the Ombudsman.
• 20 June 2024. The Ombudsman wrote to the Council asking for progress on the payment and the letter to Mr D.
• 3 July 2024. The Ombudsman opened an investigation into the complaint that the Council had not fulfilled the previously agreed remedy.

Injustice and remedy

9. Mrs B has explained how the continuing failure of the Council to deliver the remedy has affected her and Mr D. She said the Council’s apology letter to her did not address all the complaints that had been upheld. She said that an apology letter to her was not an apology letter to Mr D. She felt that the Council should have sent a letter to Mr D directly, in language that he could understand and that its failure to do this showed that the Council still did not understand Mr D’s needs.
10. Mrs B said she wanted closure on what had happened but felt that the Council’s failure to provide the remedy showed that the Council was ‘still refusing to accept any accountability for its actions’, which was not only frustrating but also upsetting, as it gave the impression that the Council did not care or take responsibility for what she and Mr D had gone through. She was also worried that it meant that the Council had not learnt any lessons from her complaint or the Ombudsman’s decision.
11. The Ombudsman offered the Council a chance to put right its previous failures by providing the remedy. I agree that, by failing to provide the remedy, the Council has added to Mr D and Mrs B’s distress. I therefore recommend a further payment of £250 to Mr D and Mrs B to reflect the additional distress they have suffered.

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Agreed action

12. The Council has agreed to take the following actions within one month of the final decision. It will:
• Write a letter of apology to Mr D for the fault that the Ombudsman initially identified.
• Pay Mr D £1,250 (£1000 + £250).
• Pay Mrs B £750 (£500 + £250).
• Review its internal procedures for ensuring that agreed actions are delivered following an Ombudsman investigation.
13. The Council should provide us with evidence it has complied with the above actions once the final decision has been made.

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Final decision

14. I have completed my investigation and found fault by the Council. The Council has agreed the remedy to address the injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman