Sandwell Metropolitan Borough Council (22 010 785)

Category : Adult care services > Residential care

Decision : Upheld

Decision date : 17 Nov 2023


Key to names used

  • Mrs Z The person affected
  • Ms X Mrs Z’s daughter and representative


Ms X complained the Council failed to offer a nursing home suitable for Mrs Z’s cultural needs. She said because of this Mrs Z has suffered hair, diet and skin issues caused by the Council’s commissioned care provider, Newbury Manor nursing home. Ms X said this has caused her and Mrs Z significant distress.


Fault found causing injustice and recommendations made.


The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

To remedy the injustice to Mrs Z and Ms X the Council should:

  • send a written apology to Mrs Z and Ms X setting out the faults identified in this report and the actions the Council has taken, and will take, to avoid similar problems in the future;

  • because the care fell below the standards we expect, reimburse Ms X 20% of the contributed care fees she and her family paid;

  • pay Mrs Z £1,000 to acknowledge the distress caused to her by the faults identified in this report;

  • pay Ms X £500 to acknowledge the distress caused to her by the faults identified in this report. This led to her continuing to express concerns for Mrs Z and having to attend the care home to provide care;

  • provide us with evidence that the recommendations of the safeguarding investigation have been carried out;

  • issue written reminders to the care provider to ensure they are aware of Regulation 9, 14 and 17 of the Care Quality Commission guidance on how to meet the fundamental standards of care; and

  • issue written reminders to relevant staff to ensure they are aware of the statutory guidance which says care plans should be built holistically around people’s wishes and feelings, needs and values.

To improve services within six months of the date of this report the Council has agreed to develop a strategy detailing how it intends to meet the cultural needs of people living in the area.

The Council has accepted these recommendations.

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