Overview:

Key to names used

• Mrs C The complainant
• Mr D Her son

Summary

Mrs C complained the Council failed to properly consider the decision to remove funding for transport to day support for her son, Mr D, because he had a Motability car. Mrs C says the Council’s decision has resulted in added pressure on her and her husband; and costs neither they, nor Mr D, can meet.

Finding

Fault found causing injustice and recommendations made.

Recommendations

To remedy the injustice caused, we recommend within three months of the date of this report the Council:

• apologise to Mr D and Mrs C for the failures we have identified and the impact this has had on them;
• pay Mrs C £250 for the uncertainty and frustration the Council’s actions have caused her;
• if not already completed, review Mr D’s needs and consider Mr D’s access to day care; and
• if not already done, complete carer’s assessments for Mrs C and her husband.
• If on review the Council assesses Mr D needs transport to access his day support, it should repay his travel costs for the period he has been without a Council funded service. This should be on condition Mr D provides records/receipts of what he has paid, and is net of allowances the Council has made in his charging for care assessment.

Others potentially affected

The Council should provide a notice at the local day centres which have been affected by the Council’s Transport Policy suggesting that anyone who thinks they have been similarly affected to contact the Council for further information, and if necessary reassessment.

Service improvement

The Council should review the faults identified in this complaint and produce practice guidance to officers about how to apply the Council’s Transport Policy so it is in line with the Care Act 2014 and the associated Care and Support Statutory Guidance. It should update staff on the amended guidance through staff training, a staff circular or team meetings within three months of any amendments.

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)

The Council has accepted these recommendations.

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