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Liverpool criticised by Ombudsman for failing disabled teenage siblings

The Local Government and Social Care Ombudsman has criticised Liverpool City Council for not ensuring two teenage siblings with significant needs were provided with the support they should have received  for 18 months.

The siblings, who have multiple disabilities including visual impairments and complex communication needs, both have Education, Health and Care Plans.

As part of these plans, the council agreed to provide them with support to access social activities in term-time and the school holidays.

The city council organised for a provider that had the relevant skills and qualifications to help them, but the provider was not able to offer the appropriate support. The mother instead asked the council to give her a personal budget so she could source her own support.

However, instead of the council giving the mother the £25 per hour it was prepared to pay its provider, it only allowed her to pay £8.21 per hour. She found this amount insufficient to commission the special support the siblings needed.

The mother complained that the support workers paid by the authority were not providing all the hours the two siblings needed, and staff were not appropriately trained. She complained to the council, but it still did not offer to give her the same amount it was paying the provider.

The siblings have missed around two thirds of the provision they should have received for 18 months, with one teen missing out on average nine hours’ support and the other 12 hours each week.

Michael King, Local Government and Social Care Ombudsman, said:

“The council’s lack of initiative to deviate from its set policy of providing support has had a huge impact on this family. Not only have the teenagers not had the social support to which they were entitled, but the mother having to take on that role has affected her own health, friendships and social life.

“This poor handling of the family’s complaint was exacerbated by the council taking too long to rectify the family’s situation when it accepted it was wrong.

“I’m pleased Liverpool council has already agreed to amend its Direct Payments Policy and hope the measures it will put in place will ensure other families are not put in the same situation.”

The Local Government and Social Care Ombudsman remedies injustice and shares learning from investigations to help improve public, and adult social care, services. In this case the council has agreed to apologise to the mother and pay her £7,200 to acknowledge the missed support and distress caused to her children and a further £1,000 to acknowledge the distress and uncertainty caused.

It will also pay her £350 to recognise the uncertainty and time and trouble caused by its poor complaint handling.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council will review its Direct Payments Policy to ensure it is compliant with its duties under the Care Act.


Article date: 04 August 2022