Norfolk County Council (22 006 369)

Category : Children's care services > Disabled children

Decision : Not upheld

Decision date : 26 Mar 2023

The Ombudsman's final decision:

Summary: Ms X complained the Council reduced a package of care which is in place to support her to look after her children, causing her distress. There was no fault by the Council.

The complaint

  1. Ms X complained the Council reduced a package of care which is in place to support her to look after her children. She said the Council did not consider her or her children’s needs before it reduced the support. Ms X said this caused her distress. She wants the Council to complete a re-assessment of her and her children’s needs.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. 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)
  2. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

  1. I spoke with Ms X and considered the information she provided.
  2. I considered the information the Council provided.
  3. Ms X and the Council had the opportunity to comment on the draft version of this decision. I considered their comments before making a final decision.

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What I found

  1. Under the Care Act 2014, councils must carry out an assessment for any adult with an appearance of need for care and support. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve.
  2. To be eligible for care and support assistance the adult should be unable to achieve at least two of the specified outcomes below, due to a physical or mental impairment or illness.
  3. These outcomes include but are not limited to:
    • being able to make use of their home safely;
    • developing and maintaining family or other personal relationships; and
    • carrying out any caring responsibilities they have for a child.
  4. If a council decides a person is eligible for care, it should prepare a care and support plan which specifies the needs identified in the assessment and how they will be met.
  5. Councils must keep care and support plans under review. The Care and Support Statutory Guidance says councils should review plans at least every 12 months.

Personal budgets and direct payments

  1. Everyone whose needs the council meets must receive a personal budget as part of the care and support plan. The personal budget gives the person clear information about the money allocated to meet the needs identified in the assessment and recorded in the plan. The personal budget can be administered via direct payment.

The Children Act 1989

  1. Councils must safeguard and promote the welfare of children within their area who are in need. A child is in need if:
    • they are unlikely to achieve or maintain a reasonable standard of health or development unless the council provides support;
    • their health or development is likely to be significantly impaired unless the council provides support; or
    • they are disabled.

Background

  1. Ms X lives with her two children, Y and Z. Both Y and Z have a neurological developmental disability.
  2. Ms X has health problems and requires support with household tasks and taking care of her children. The Council provides Ms X with a package of care to support any parenting needs. The package of care is jointly funded by the Council’s adult social care service and the Council’s children social care service. It provides Ms X with a personal budget via direct payments.
  3. Before 2021, each week, Ms X received 25.5 hours of support made up of:
    • 16 hours of support from two different care agencies; and
    • 9.5 hours of support from a personal assistant.

What happened

  1. Between September 2021 and October 2021, the Council completed a review of Ms X’s package of care. The Council found Ms X was claiming an additional seven hours of support each week (not covered by her personal budget) for her personal assistant. This was because the personal assistant was providing additional support to Ms X as Ms X said she was struggling to get her children ready in the morning due to their behaviours which stemmed from their additional health needs. Having talked to family members about their needs, the Council decided both Y and Z said they were able to get themselves ready in the morning by getting up at a reasonable time, making their own breakfast and getting dressed.
  2. The Council’s review determined:
    • the current package of care (set out in para 16) was appropriate to meet Y and Z’s needs;
    • Ms X required additional support for administrative tasks and so it allocated an additional 30 minutes each week into her personal budget for this; and
    • Ms X would benefit from support to help her develop strategies if she struggled to get her children ready in the mornings due to their behaviours. The Council therefore referred Ms X to a charity to access this support.
  3. In November 2021, Ms X complained to the Council. She said the Council had not considered her or her children’s needs and had reduced the hours of support.
  4. The Council responded to Ms X’s complaint. It confirmed Ms X was in receipt of 26 hours per week and said it had not reduced the amount of hours. It explained to Ms X she had been claiming an additional seven hours per week before the review which it had reviewed and decided was not required. The Council added it could arrange a re-assessment of the package of care at Ms X’s request. Ms X did not request a re-assessment of the package of care. She remained unhappy with the Council’s response and complained to us.

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Findings

  1. Ms X said the Council reduced her amount of care and support hours when it completed the review between September 2021 and October 2021. I reviewed the breakdown the Council provided me which showed Ms X was in receipt of slightly less amount of support prior to the review in 2021. There is no evidence which suggests the Council reduced Ms X’s care and support hours. Following the review the Council increased her personal budget to cover an extra 30 minutes of administrative support.
  2. Ms X said the Council did not consider her or her children’s needs when it completed the review. I have reviewed the assessment which the Council completed as part of its review in 2021 and it shows the Council considered the views of Ms X and both of her children including what was working for them, what they could achieve and what they needed support with. The Council was not at fault as it carried out this review following the steps required by legislation and guidance.
  3. The Council informed Ms X she can request a re-assessment if she believes the support in place is not sufficient. It is open to Ms X to request a re-assessment.

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Final decision

  1. I have now completed my investigation. There was no fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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