Overview:

Key to names used

• Mrs X The complainant
• Mr X Mrs X’s representative Child Y Mr and Mrs X’s child

Summary

Mr X complains on behalf of his wife, Mrs X, that the Council failed to provide respite provision for their disabled child.

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 identified in this report, the Council has agreed to:

• Provide a further apology to Mrs X for the fault identified;

• Make a payment of £1,500 to Mrs X to recognise the distress caused. This amount reflects the harm caused to Mrs X as a result of the lack of respite provision;

• Make a further payment of £4,600 to be used for the benefit of Child Y. This is in recognition of the distress caused as a result of the missed opportunity, and

• Provide us with clarification of when the new respite facility will be available to provide respite care. The Council has also agreed to provide evidence of the steps it has taken to ensure this provision is available as soon as possible.

The Council has also agreed to take the additional following action:

• Proactively seek and secure a new residential placement for Child Y. The Council should provide us with evidence of the steps it has taken to ensure a new residential placement is available as soon as possible.

Ombudsman satisfied with Council's response: 29 Novemebr 2023.

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