Summary: We will not investigate Mr X’s complaint about Lancashire County Council and Lancashire and South Cumbria Integrated Care Board’s delay providing a joint care package to meet his son’s and the family’s needs. The Council has provided an appropriate remedy, which Mr X has accepted. It is unlikely an Ombudsmen investigation would achieve more.

The complaint

1. Mr X complains about Lancashire County Council (the Council) and Lancashire and South Cumbria Integrated Care Board’s (the ICB) delays providing a joint package of care for his son. Mr X says the Council and ICB’s Section 75 commissioning arrangements caused the delays, which meant his son’s existing care package (provided separately by the Council and Lancashire and South Cumbria NHS Foundation Trust) did not meet his son’s complex health and social care needs. Also, Mr X and his wife had little respite from their caring roles.

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The Ombudsmen’s role and powers

2. The Ombudsmen provide a free service, but must use public money carefully. They may decide not to start or continue with an investigation if they believe it is unlikely they could add to any previous investigation by the bodies. (Health Service Commissioners Act 1993, section 3(2) and Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the organisations.
4. I considered the Ombudsman’s Assessment Code.
5. Mr X had an opportunity to comment on my draft decision.

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What I found

6. Mr X complained to the Council in July 2022. He said the Council and ICB delayed providing a joint package of care to meet his son’s complex health and social care needs, and the family’s respite needs.
7. In February 2023, the Council responded to Mr X’s complaint. It said multiple delays in arranging his son’s care package caused a significant injustice to his son and the family. Those delays were because the Council and ICB needed to create a Section 75 agreement to enable them to provide a joint package of care. Section 75 of the NHS Act 2006 allows NHS organisations and councils to contribute to a common fund which can be used to commission health and/or social care related services. It enables joint commissioning and commissioning of integrated services.
8. The Council agreed to pay Mr X £500 for the time and trouble chasing the complaint, and for the uncertainty and frustration its delays have caused. It also agreed to pay and backdate the financial equivalent of five hours of support per week from February 2021 to February 2023.
9. Mr X accepted the Council’s remedy to resolve his complaint.
10. I consider the Council and ICB have accepted it was at fault which caused the injustice Mr X claimed. Its actions are in line with our ‘Guidance on Remedies’. I do not consider further investigation could achieve anything more.

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Final decision

11. The Council has agreed to provide an appropriate remedy to address the injustice Mr X’s family suffered. I do not consider further investigation could achieve anything more.

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Investigator's decision on behalf of the Ombudsman