Summary: Mrs X complained about the Council’s handling of her child’s care and support when he turned 18. We find no fault in the Council’s overall decision making but do find fault for it failing to consider Mrs X’s request for an additional day at Placement A. This caused Mrs X uncertainty. The Council has agreed to apologise and make a payment to Mrs X.

The complaint

1. Mrs X complained about the Council’s handling of her child’s care and support when he turned 18. She says the Council failed to:
1. provide any care and support between October 2023 and March 2024;
2. provide the full care and support required until June 2024;
3. update the care plan in response to changes in need; and
4. fund the necessary day services.
2. She says these failures have caused distress and uncertainty for the entire family.

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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. 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

6. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
7. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Legal and administrative background

Care act assessment

8. Sections 9 and 10 of the Care Act 2014 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.

Care Plan

9. The Care Act 2014 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. The support plan must include a personal budget, which is the money the council has worked out it will cost to arrange the necessary care and support for that person.

Reviews

10. Section 27 of the Care Act 2014 says councils should keep care and support plans under review. Government Care and Support Statutory Guidance says councils should review plans at least every 12 months. Councils should consider a light touch review six to eight weeks after agreeing and signing off the plan and personal budget. They should carry out reviews as quickly as is reasonably practicable in a timely manner proportionate to the needs to be met. Councils must also conduct a review if an adult or a person acting on the adult’s behalf makes a reasonable request for one.

What happened

11. In September 2023, the Council completed an adult social care assessment for Mr Y, determining he required support on weekends and during term times when not attending college. A care plan was written, and funding was agreed in October.
12. In November, a care agency was sourced, but Mrs X cancelled the support, expressing doubts about their ability to support Mr Y. She later informed the Council that weekend support would not be necessary, as Mr Y was expected to attend college, but requested support during half-terms.
13. Later that month, after learning that Mr Y would not be attending college, Mrs X asked the Council to explore weekday support but wanted time to think about the best option.
14. In December, Mrs X requested a review due to changes in Mr Y’s needs. A telephone review and home visit were arranged for January.
15. In January, Mrs X contacted the Council following taster sessions at day services and asked if Mr Y could start attending there the following week. The Council informed her that funding day services needed panel approval. A home visit was conducted, a review confirmed that attending day services twice a week could meet Mr Y’s needs. However, panel deferred funding approval, seeking clarity on Mr Y’s educational needs.
16. In March, Mr Y’s care plan was updated to reflect attendance at day services twice a week. Funding was later approved, and he began attending Placement A, but Placement B lacked staffing capacity so needed to recruit.
17. Mrs X requested that Mr Y either attend Placement A twice a week or receive external care support for Placement B. The Council’s panel declined the latter, offering the options of waiting for Placement B to recruit staff or exploring alternative day services. Mrs X found no suitable alternatives with availability.
18. In April, Placement B continued facing recruitment challenges. Mrs X told the Council that attending only one day a week was not enough for Mr Y and wanted him to also be attending Placement B. She reiterated her request for external support to allow Mr Y to attend Placement B. Later in the month, panel approved an increase to Mr Y’s support from two to three days a week, with the extra day at Placement B.
19. In May, Placement B agreed to external provider support, panel promptly approved the funding, and Mr X began attending two days a week. However, an incident led Placement B to determine it could not meet Mr Y’s needs. Following this, support at Placement A was increased to three days a week.
20. In June, Mrs X complained to the Council that Mr Y had not received appropriate care and support between October 2023 and March 2024.
21. The Council’s response partially upheld the complaint, acknowledging delays in securing suitable provision for Mr Y. Mrs X escalated her complaint, highlighting the delay in review from January to March. The Council apologised for the distress caused but noted regular communication during this period whilst Placement B was trying to recruit additional staff.

My findings

Care and support

22. The Council initially arranged a care agency, which Mrs X cancelled. It allowed her time to consider options and completed a review. It supported her to visit day services, securing funding in March after receiving clarification from the education team, and ensured Mr Y’s placement at Placement A. The delay in Placement B was due to staff shortages at the placement.
23. The Council declined funding external provider support at Placement B, offering alternatives which Mrs X refused. It later approved funding an additional day at day services and an external provider when Placement B changed its position. When Placement B ultimately withdrew, the Council quickly increased support at Placement A. There is no fault in the Council’s actions.
24. However, there is no evidence the Council considered Mrs X’s March request for a second day at Placement A. This is fault. I cannot say, even on the balance of probabilities what the Council would have decided should it have considered this, however the fact it did not causes uncertainty for Mrs X. Additionally, when the Council approved increasing Mr Y’s support to three days a week in April, it could have arranged for the additional day at Placement A, allowing Mr Y and Mrs X to benefit from the extra support a month earlier.

Care plan

25. Mr Y was first assessed in September 2023, with a care plan finalised in October. Following Mrs X’s review request in December, the Council arranged this for January 2024. It accommodated her request for a face-to-face meeting and finalised the updated plan in five weeks, including securing the funding. The Council acted within reasonable timescales and kept Mrs X informed throughout. I find no fault in the Council’s actions.

Funding day services

26. The Council approved funding for day services in March. The delay in placement was due to staffing issues at Placement B, not funding. When Placement B accepted external support, the Council acted promptly to secure a care provider. I find no fault in the Council’s actions.

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Action

27. To remedy the injustice caused by the above faults, within four weeks of the date of my final decision, the Council has agreed to:
• apologise to Mrs X in line with our guidance on Making an effective apology; and
• pay Mrs X £100 to recognise the uncertainty caused by the failure to consider whether Mr Y could have attended Placement A twice a week.
28. The Council should provide us with evidence it has complied with the above actions.

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Decision

29. I find fault causing injustice. The Council has agreed actions to remedy injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman