Overview:

Key to names used

• Mr and Mrs A  - The complainants
• Child X  The child

Summary

Mr and Mrs A complain the Council failed to provide the support set out in a care plan for a child in their care.

Finding

Fault found causing injustice and recommendations made.

Recommendations

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)

To remedy the injustice caused, we recommend the Council:

• write to Mr and Mrs A and apologise for the fault;

• pay Mr and Mrs A £10,500 to recognise the unsuitable conditions they and their children were forced to live in for the 21 months they were without suitable accommodation;

• pay Mr and Mrs A £250 for their time and trouble;

• pay for any remedial works that have had to be completed to the family home because of the works being left unfinished;

• pay the difference in cost if Mr and Mrs A face a higher cost of finishing the work because of the delay caused by the Council and can reasonably evidence this;

• pay the outstanding invoices for Child X’s nursery fees and continue to pay Child X’s nursery fees until they start primary school in September 2022;

• review how it agrees financial packages as part of care plans. Where packages are agreed, contractual agreements should be provided as part of the care plan meeting or shortly after. The Council should provide evidence to show how it has met this recommendation; and

• review how it considers complaints under the statutory complaints process to ensure that it is carrying out its duty to consider suitable complaints under the statutory process. The Council should provide evidence to show how it has met this recommendation.

The Council has agreed to our recommendations.

Ombudsman satisfied with Council's response: 19 July 2022

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