Essex County Council (24 001 445)
Overview:
Key to names used
- Mr X The complainant (deceased)
- Mrs X The complainant’s wife The Social Worker Mr X’s social worker
- The Team Manager Mr X’s social worker’s team manager
Summary
Mrs X complained about the Council’s decision to move her late husband Mr X from a local residential care setting to another one which was further away. She said the Council failed to consider her objections and denied her an opportunity to pay top up fees for Mr X. The Council only responded to her complaint after moving Mr X to another residential care setting.
Finding
Fault found causing injustice and recommendations made.
Recommendations
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 caused by the faults identified, the Council should complete the following actions within four weeks of the date of this report.
- Apologise to Mrs X for the injustice caused to her by the faults identified during our investigation. We publish “Guidance on remedies” which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology.
- Pay Mrs X £500 to recognise the injustice caused to her by the Council’s failings. This payment should be made in addition to the payment of £500 offered by the Council for its failings within the complaint handling process.
The Council should also take the following actions within six months of the date of this report.
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Remind the front line Adult Social Care staff and their managers of:
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the duty to take best interest decisions when deciding care arrangements for the people who do not have mental capacity and what the process should involve;
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the right process to follow for a person who has deprivation of liberty safeguards in place before moving them to a different residential care setting;
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councils’ duties when a person who is deprived of their liberty does not have a relevant person’s representative; and
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the importance of having regard to a person’s right to private and family life when they are vulnerable and do not have mental capacity to decide about their care.
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Review its process for considering top up payments to ensure that when the person expresses interest in this option they are provided with the relevant information and the Council offers a financial assessment for them. The Council will provide us with the set of documents it will send to people who want to consider this option.
- Ensure that when deciding to place a person in a residential care setting which is not their preference, the Council sends a letter with a full explanation of its reasons for refusing the individual’s preferred accommodation.
The Council has accepted these recommendations.