Summary: Ms C complains the Council inappropriately withdrew her son’s, Mr D’s, transport to day support services. The Council is at fault for failing to properly apply its transport policy; and in the way it decided on, and reduced services to Mr D. This has caused uncertainty about whether the Council’s decision is correct. To remedy the complaint the Council has agreed to apologise to Ms C, and make service improvements.

The complaint

1. Ms C complains the Council failed to properly consider the decision to remove funding for transport for her son, Mr D, to day support because he has higher rate Personal Independence Payment (PIP). Ms C says although Mr D has PIP he is left with very little money to meet his other transport costs other than travel to the day support.
2. Ms C says the Council’s decision has caused her added pressure, and Mr D is now unable to cover his weekly transport costs.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. We may investigate complaints from the person affected by the complaint issues or from someone else if they have given their consent. If the person affected cannot give their consent, we may investigate a complaint from a person we decide is a suitable representative. Here, we decided Ms C was a suitable representative for Mr D. (Local Government Act 1974, sections 26A and 34C, as amended)
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 Ms C and the Council as well as relevant law, policy and guidance.
7. Ms C and the Council could comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What should have happened

Council’s policy

8. West Sussex County Council Adults’ Services – Transport Policy, the “Transport Policy” says,
9. “2.2. Adults’ Services has a legal duty to provide transport to customers who are eligible for social care support in certain circumstances. The Care Act 2014 sets out that duty as follows: “The national eligibility criteria set a minimum threshold for adult care and support needs and carer support needs which local authorities must meet. All local authorities must comply with this national threshold.
10. 3.4. This means that Adults Services will only fund transport for people with social care needs, where there is no suitable or appropriate alternative.
11. 4.4. The assumption is that customers will travel independently except where assessment shows that this is not possible. The test used in the assessment should be: “If Adults Services does not provide transport, would this result in an eligible need for services going unmet?” Practitioners must consider other ways in which the customer can reasonably be expected to attend services and/or support making his/her own arrangements to get there.
12. 4.9. Some people’s transport arrangements may change following a reassessment of their social care needs. Where a change to a person’s support plan is necessary, the impact upon the person’s wellbeing must be assessed as well as any impact upon their carer, in line with the Care Act.
13. 4.11. Where people incur additional expenses for transport related to their disability, this will be considered in the financial assessment process and allowances made if appropriate.”

Care and Support Statutory Guidance

14. “1.1 The core purpose of adult care and support is to help people to achieve the outcomes that matter to them in their life. Throughout this guidance document, the different chapters set out how a local authority should go about performing its care and support responsibilities. Underpinning all of these individual ‘care and support functions’ (that is, any process, activity or broader responsibility that the local authority performs) is the need to ensure that doing so focuses on the needs and goals of the person concerned.
15. 1.2 Local authorities must promote wellbeing when carrying out any of their care and support functions in respect of a person. This may sometimes be referred to as ‘the wellbeing principle’ because it is a guiding principle that puts wellbeing at the heart of care and support.”

Personal budgets

16. The Care and Support guidance says: “Everyone must receive a personal budget as part of the care and support plan if the local authority is meeting their needs, either because the needs are eligible needs or because it has chosen to meet them. The budget must be allocated “in a timely manner, proportionate to the needs to be met”.

Review of care and support plans

17. The review process should be person-centred and outcome focussed. The Council must involve the person and the carer where feasible and must consider an independent advocate.

Carers’ assessments

18. Where an individual provides or intends to provide care for another adult the council must consider whether to carry out a carers’ assessment if it appears the carer may have any level of needs for support.

What happened

19. Mr D attends a day centre five days a week. The day centre arranges transport for its attendees. The Council provided Mr D with a direct payment which met the cost of the day support and transport to and from the day centre.
20. The Council introduced a transport policy which says people receiving the mobility part of Personal Independence Payment (PIP) at the higher rate should fund their own transport to day support.
21. The Council completed a review of Mr D’s needs. The Council applied its transport policy and decided Mr D could pay his transport costs for the day support. This was because he received the mobility component of PIP which covered the cost of his transport.
22. Ms C complained that although Mr D had enough money for travel costs to his day support; he had little left to pay for travel in the evenings and at the weekend. Mr D cannot travel independently and because of Ms C’s working times she cannot take Mr D to his day support.
23. The Council did not uphold Ms C’s complaint. It said it had properly applied its policy and offered advice which included:-
• contacting the Welfare Benefits team to consider other Disability Related Expenses;
• contacting the Financial Assessment Officer to see whether Mr D’s financial contribution for care services should decrease because of his transport costs;
• offering a carer’s assessment which could result in a personal budget to meet Ms C’s needs as a carer.
24. Mr D has continued at the day centre but his financial circumstances remain unchanged.

Was there fault causing injustice?

25. I find no fault in the Council having a transport policy, however practitioners must apply the policy properly and not fetter the Council’s discretion.
26. The Council removed funding for transport on the basis Mr D had available funds to get to his day support which would meet his eligible need for “Engaging with the community”. While the Council provided advice about other options available it did not properly consider whether these resulted in Mr D having an appropriate alternative. Nor did it consider Mr D’s overall wellbeing and the impact of the change on him. In particular that he would find it difficult to engage in other social activities outside of going to the day support.
27. This is not in line with the wellbeing principle set out in the Care Act, nor the requirements under paragraphs 3.4 and 4.9 of the Council’s transport policy; and is fault.
28. As a result Mr D has the uncertainty that but for the faults identified the Council would not have stopped funding his transport to his day support.

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Action

29. I have found fault causing injustice. I consider the following actions are suitable to remedy the complaint. The service improvements identified are in addition to those identified on case reference 24009730.
30. Within four weeks of the final decision the Council will:
1. apologise to Ms C for the uncertainty caused by the Council’s failure to properly review Ms D’s needs;
2. reassess Mr D’s need for transport to day support taking into account the faults identified in this statement and ensuring the decision is in line with the Council’s transport policy and the wellbeing principle set out in the Care Act.
31. Within three months of the final decision the Council will review the faults identified in this complaint and produce/amend practice guidance to officers so they correctly apply paragraphs 3.4 and 4.9 when looking at how people access day support. In particular that they properly consider whether there is a suitable alternative before making the decision to remove funding for transport to day support; and they are mindful of the general wellbeing principle.
32. The Council should provide us with evidence it has complied with the above actions.

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Decision

33. I find fault causing injustice. I consider the actions above are suitable to remedy the complaint. I have ended my investigation and closed the complaint on this basis.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman