Summary: Miss X complained about the Council’s actions when her son, Mr Y, had to move from supported residential accommodation. We have found fault because the Council was too slow to act in trying to find new accommodation and failed to adequately assess Mr Y’s needs or provide sufficient information linked to his move. This caused Miss X and Mr Y significant avoidable distress, frustration and uncertainty. To remedy the injustice caused, the Council has agreed to apologise and make symbolic payments to Miss X and Mr Y. It will also provide reminders and guidance to relevant officers.

The complaint

1. Miss X complains about the Council’s actions when her son, Mr Y, moved from supported accommodation. She says the Council was slow to take action to source new accommodation and that the financial effects of the move were not adequately explained to her.
2. She says this has caused her and the family distress and anxiety. She says this has affected her and Mr Y’s finances.

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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. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
5. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
6. 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

7. I have considered all the information Miss X provided. I have also asked the Council questions and requested information, and in turn have considered the Council’s response.
8. Miss X and the Council had the opportunity to comment on my draft decision. I have taken any comments received into consideration before reaching my final decision.

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What I found

Care Act 2014

9. Sections 9 and 10 of the Care Act 2014 (the Act) require councils to carry out an assessment for any adult with an appearance of need for care and support. They must provide an assessment to everyone regardless of their finances or whether the council thinks the person has eligible needs. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. It must also involve the individual and where suitable their carer or any other person they might want involved.
10. The Act gives councils a legal responsibility to provide a care and support plan (or a support plan for a carer). The care and support plan should consider what needs the person has, what they want to achieve, what they can do by themselves or with existing support and what care and support may be available in the local area. When preparing a care and support plan the council must involve any carer the adult has.
11. Section 27 of the Act says councils must keep care and support plans under review. It says that where a local authority is satisfied that circumstances have changed in a way that affects a care and support plan it must carry out a needs or carer’s assessment, carry out a financial assessment and revise the care and support plan accordingly.

Care and Support Statutory Guidance

12. The Care and Support Statutory Guidance (the CSSG) provides guidance linked to the Act. The CSSG sets out how a local authority should go about performing its care and support responsibilities. It explains that whenever a local authority carries out any care and support functions it must act to promote wellbeing.
13. Section 3 of the CSSG is about the duty to provide information and advice.
14. Section 3.16 says those who are likely to need information and advice are people whose eligible needs for care and support the local authority is currently meeting and family members of adults with care and support needs.
15. Section 3.21 says all reasonable efforts should be taken to ensure information and advice provided meets the individual’s requirements, is comprehensive and given at an early stage. Local authorities must seek to ensure all relevant information is available for people to make the best-informed decision and not giving or withholding the information would be at odds with the duty as set out in the Act.
16. Section 3.24 says that to promote wellbeing, local authorities must ensure information and advice they provide should go further than a narrow definition of care and support.
17. Information and advice services should provide information on:
• available housing and housing-related support options for those with care and support needs;
• eligibility and applying for disability benefits and other types of benefits; and
• sources of independent information, advice and advocacy.
18. Section 3.25 says that information should be provided:
• as part of a needs or carer’s assessment;
• during the care and support planning process;
• during the review of a person’s care and support plan; and
• at points in transition.
19. Section 3.26 says a local authority must provide targeted information and advice at key points in a person’s life, such as a change or loss of housing.
20. Section 6 of the CSSG says that the assessment and eligibility process is an integral part of the care and support system as a person’s needs change.
21. Section 6.41 says the assessment should be designed to take account of the presenting need of the individual and their circumstances.

What happened

22. I have set out below a summary of the key events. This is not meant to show everything that happened.
23. Miss X is representing her adult son, Mr Y, in this complaint. Mr Y has learning difficulties and various health needs.
24. Mr Y had been living in specialist supported residential accommodation (Provider A), arranged by the Council, for several years. The accommodation was out of the Council’s area. Mr Y was attending a specialist college for young adults which was also out of the Council's area. Mr Y was receiving 11 hours carer support per day during term-time weekdays and 15 hours carer support per day on other days. He was also receiving sleep and waking night support from carers.

2023

25. Provider A gave Miss X and the Council seven weeks’ notice to end Mr Y’s placement on 27 September. It said it could no longer meet his needs. The placement would end on 9 November.
26. On 6 October, Mr Y’s allocated social worker, Officer J, said he would investigate out of town placements. The Council reviewed the case on 18 October and asked Provider A to extend the notice period. Provider A said it would not.
27. At the end of October and into November, the Council communicated with a potential residential accommodation provider the family had found. This did not lead to a placement offer.
28. The Council began to consider contingency plans on 3 November. On 8 November, it found a care agency (Agency A) which said it could work with Mr Y. On the same day, Agency A found two-weeks’ emergency accommodation for Mr Y and he moved in the next day. Carers from Agency A lived on site with him.
29. On 30 November, Agency A advised the Council it had found Mr Y permanent rented accommodation (Property M) for £1650 per month and that Miss X had viewed this on 28 November. It arranged new emergency accommodation until Mr Y and the carers moved into Property M on 7 December. Agency A signed the tenancy agreement and Mr Y was a named tenant.
30. In emails between the family and Officer J on 8 and 11 December, the Council confirmed Mr Y would need to apply for benefits as he now had to pay for all of his housing, utilities and food.

Officer J, Agency A and Miss X met on 13 December. The meeting confirmed the Council would pay for the care aspect only and that Mr Y would be given help to access benefits as soon as possible. Agency A was to help the family put together a weekly budget in line with Mr Y’s expected weekly benefits and work with Miss X to create a universal credit account.

2024

31. On 24 March 2024, Miss X asked the Council and Agency A if Mr Y could move back to supported living. She said Mr Y had another year left at college and could not afford to live at Property M.
32. The Council completed a financial assessment on 28 March.
33. On 26 April, Miss X made a complaint to the Council. She was unhappy because:
• she felt the Council was too slow to act when Provider A gave notice so she and the family were forced to act instead;
• she sent a list of potential supported living providers to Officer J but no action was taken until another social worker got involved as Officer J was away from work;
• she had been given no information about how Property M would be funded;
• she was informed in December’s meeting (after he had moved in) that Mr Y must pay for all of Property M’s costs apart from the costs of the care itself;
• as power of attorney she had needed to use Mr Y’s £3000 savings to cover the shortfall and could not see how he would afford to run Property M for another two months until the initial tenancy ended; and
• Officer J asking Agency A to try and find a cheaper rental property was unlikely to save £750 per month which she said was needed so Mr Y could afford to live on his benefits.
34. The Council sent its first and final response on 17 June. It said that:
• following Provider A’s eviction notice, it had made ‘every effort to find alternative accommodation for Mr Y’; and
• when young people move from residential placements to supported living it was expected the cost of the rent would be met by the young person through benefits and their own contributions as this was not a Care Act need.
35. Miss X continued to communicate with the Council between June and September. She remained unhappy with the Council’s complaint response. The Council maintained its stance that she had full responsibility for financial decisions as Mr Y’s power of attorney. It said it appreciated there was little time for consultation due to the urgent need due to Mr Y’s move.
36. Miss X then brought her complaint to the Ombudsman.
37. Miss X has since confirmed that when benefits had been applied for and agreed, Mr Y had enough money to cover all associated costs of Property M including utility costs. Miss X also confirmed the backdated benefits had repaid money she had used from Mr Y’s savings to cover the shortfall in rent and bills.

Analysis

Sourcing new accommodation

38. The Council was aware of Mr Y’s seven-week (42 days) notice period from 27 September 2023. Apart from action taken by Mr Y’s family to arrange an assessment with a new potential supported living provider, the Council did not discuss any contingency planning until day 36. It then held a meeting with an agency to ask if it could find short-term accommodation for Mr Y on day 39. The Council found another care agency, Agency A, on day 41. Agency A found two weeks of emergency accommodation for Mr Y on day 41. Agency A then took control of finding future emergency and then more permanent rented accommodation.
39. In response to my enquiries, the Council accepted there was an initial delay due to exceptional circumstances caused by Officer J’s absence and limited duty staff capacity. The Council said it had made exceptional agreements to progress the plan and explore all options, including funding temporary accommodation.
40. I acknowledge the Council’s efforts to resolve matters by covering the costs of emergency temporary accommodation. However, it took too long to act in trying to source new accommodation for Mr Y. There was considerable drift and inaction due to staff absence and overall capacity which led to a reactive approach. This was fault, which caused distress, frustration and uncertainty to Miss X. While Mr Y was not without accommodation, he was unable to properly settle until his third eventual move into permanent accommodation. This caused him distress and uncertainty. I have made a recommendation below to remedy the injustice caused.
41. In the circumstances of this complaint, I am also satisfied the Council had a lack of oversight in organising permanent rented accommodation. This is reinforced by a statement from Agency A written in response to my enquiries, explaining its actions in sourcing accommodation.
42. The Council left Agency A to search for properties, arrange viewings and organise and sign the tenancy agreement for Property M. On the balance of probabilities, and based on the evidence presented by the Council, I am satisfied it had little oversight of what was happening, what Mr Y’s needs were or whether it considered the accommodation would be suitable for him. Evidence shows Agency A presented it with information that it had found Property M and how much it would cost. There is no evidence of any consultation with Agency A or the family. There is no evidence of consideration of the property on the Council’s part.
43. The Council’s overall lack of oversight was fault, which added to the distress and uncertainty Miss X and Mr Y experienced. I have made a recommendation below to remedy this injustice.

Financial effects of moving

44. Miss X complains the Council did not properly explain the effect the move would have on Mr Y’s finances.
45. It was only after Miss X asked on 8 December 2023, the Council confirmed Mr Y would need to pay for all housing, utilities and food. It was then further documented in a meeting on 13 December. This happened after Agency A had signed the tenancy agreement for Property M and Mr Y had moved in.
46. The Council took the stance that as Mr Y’s power of attorney it was Miss X’s responsibility to consider any financial implications and contact relevant organisations about any benefits due.
47. The arrangements for Mr Y to live at and pay for Property M were substantially different to his time living at Provider A. It is therefore unlikely Miss X would have been aware of how financial arrangements would change when Mr Y moved out. Miss X is also unlikely to have had sufficient knowledge of the potential benefit payments Mr Y would receive. I am also satisfied Miss X is unlikely to have known how much it would cost to run Property M which the Council’s appointed agency had signed Mr Y up to live in.
48. I am satisfied that Mr Y’s significant change in circumstances should have prompted the Council to take action. In line with the Act and the CSSG, the Council should have reviewed his care and support plan, involved Miss X as his power of attorney, carried out a financial assessment and revised the care and support plan accordingly. The Council should have provided comprehensive and relevant information and advice to Miss X about benefits and housing. It should have done so at an early stage and certainly before its appointed Agency had signed Mr Y up to a tenancy.
49. In response to my enquiries, the Council shared a copy of a care and support plan it says it commissioned Agency A to do which was completed on 9 November 2023. The plan, however, lists multiple entries of what appears to be historic information. It makes references to educating young people about Covid, Covid prevention measures, lateral flow tests and teaching about one-way systems in school and college. It also says any incidents involving Mr Y should be reported to the ‘home manager’. I am satisfied this is not reflective of guidance in place at the end of 2023 or of Mr Y now living in a property on his own with carers.
50. The Council not taking steps to carry out its duties as explained in paragraph 48 was fault. It meant it was then unclear how the move would affect Mr Y’s finances and did not allow Miss X to make an informed decision as his attorney. I do not accept the meeting with the family in December 2023 sufficiently covered the Council’s duties as set out in the Act and the CSSG.
51. Miss X was left unsure if Mr Y could afford Property M and associated costs until his benefit payments had been organised some time later. This caused Miss X significant and avoidable distress, frustration and uncertainty. I have made a recommendation below to remedy this injustice.

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Agreed action

52. To remedy the injustice caused by the faults I have identified, the Council will take the following action within four weeks of the date of my final decision:
• apologise to Miss X for the identified injustice;
• make symbolic payments of £400 each to both Miss X and Mr Y to reflect the distress, frustration and uncertainty caused by the identified injustice; and
• remind relevant officers and managers to comply with their responsibilities under relevant Care Act legislation and the Care and Support Statutory Guidance. The Council should remind staff via training, or a briefing paper, a copy of which can be shared with the Ombudsman.
53. The apology written should be in line with the Ombudsman’s guidance on remedies on making an effective apology.
54. Payments made are in line with the Ombudsman’s guidance on remedies.
55. The Council should provide us with evidence it has complied with the above actions.

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Final decision

56. I have now completed my investigation. I uphold this complaint with a finding of fault causing an injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman