New adult social care complaint decisions

adult social care

A weekly update on adult social care complaint decisions

Please note: our decisions are published six weeks after they are issued to councils, care providers and the person who has made the complaint. The cases below reflect the caselaw and guidance available at the time of issue and the individual circumstances of each case.


Summary: Miss X complained about the poor standard of care provided to her late mother while resident in a care home, arranged and commissioned by the Council. We have found there was fault with some aspects of care and recording practices and the Council has agreed to apologise and make a payment to Miss X for the injustice caused.

Summary: We will not investigate this complaint about care provided to Mrs C’s late husband. This is because further investigation could not add to the responses Mrs C has received from the Care Provider and the Council.

Summary: The Council was at fault in the decision that there had been a deprivation of capital. There was also a delay in completing a financial assessment. The fault caused avoidable uncertainty, time and trouble and a loss of opportunity to have the case properly considered. The Council will review its decision, apologise and make payments set out in this statement.

Summary: Ms X complains that the Council did not take account of her fluctuating needs when it assessed her care needs. There was fault by the Council because it did not provide her with information she requested as a reasonable adjustment, despite a commitment to do so. However, we do not find this fault caused a significant injustice that warrants a remedy.

Summary: Mr X complains about the Council’s handling of various matters surrounding the care needs of, and care home placement for, his mother. The complaint was closed because we did not find fault by the Council in the matters raised by Mr X.

Summary: Mrs X and Ms Y complain about the Council’s handling following their uncle’s (Mr Z) death and its failure to inform them when his funeral was taking place. The Council was at fault for not following its own policy and government good practice in this case. This meant Mrs X and Ms Y missed Mr Z’s funeral and he opportunity to pay their last respects. The Council has agreed to apologise and make payment to Mrs X and Ms Y for the significant distress caused. The Council will also issue written guidance to relevant staff, review its Public Health Funeral policy and then publish the policy online, in line with government good practice.

Summary: We will not investigate Ms P’s complaints about her mother’s care and treatment as it would be reasonable for her to use an alternative legal remedy. Further, we will not investigate her concerns about the Council’s handling of her complaint as there is insufficient injustice arising from complaint handling alone to warrant an investigation.

Summary: We will not investigate this complaint about the duration of the complainant’s Blue Badge award. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about the Council mistakenly sending the complainant a copy of a confidential internal email about him, the contents of which he disputes. This is because the Council has apologised for the error. There is no on-going injustice and nothing for us to add to the Council’s response.

Summary: Dr X complains the Council has failed to provide her daughter with the support she has been assessed as needing. The Council has failed to meet all her daughter’s needs, causing avoidable distress. The Council needs to apologise, involve Dr X in assessing her daughter’s needs and pay financial redress.

Summary: We will not investigate Ms B’s complaint about the Council charging her father, Mr C, for his residential care. This is because there is not enough evidence of fault with the Council’s actions to warrant an Ombudsman investigation.

Summary: We will not investigate Mrs B’s complaint about the Council not responding to her enquires about her mother, Mrs C, for four years. This is because as Mrs C’s attorney, Mrs B had the right to ask the Court of Protection to consider her concerns about Mrs C and it would have been reasonable for her to do so.

Summary: We will not investigate Mrs X’s complaint about the care provided to her late mother, Mrs Y, and the way the care provider communicated with her. This is because further investigation by the Ombudsman is unlikely to add to the Council’s response.

Summary: Mr D complained that the Council failed for two years to provide 69 nights per year respite care for his son, Mr E. This has caused intolerable stress to the whole family and significant time and trouble for Mr D in chasing up the Council. We have found fault with the Council. The Council has agreed to pay Mr D £1500, confirm the respite provision every 2 months at Centre Z and to make every effort with Mr D, to source suitable alternatives for the remaining nights.

Summary: We will not investigate this complaint at this time, about the Council’s safeguarding response for Mr X’s mother. The Council has agreed to our recommendation to make clear to Mr X whether it will help arrange contact between him and his mother. It is open to Mr X to then bring his complaint back to us after matters have concluded.

Summary: We will not investigate this complaint about the Council’s treatment of safeguarding referrals by Mr X. There is not enough evidence of fault to warrant investigation.

Summary: Ms Z, on behalf of her mother Ms X, complained about the Council’s action in respect of her finances. There is fault by the Council in failing to start a safeguarding investigation at the appropriate time; delay in progressing a safeguarding investigation and failure to ensure Ms X's needs were met when it suspected her son was financially abusing her. A suitable remedy has been agreed.

Summary: Mr X complained about the Council’s charges for his late mother’s care, that the Council did not provide adequate care and it falsified its records, causing him distress. We find the Council at fault on its charges, but we are satisfied with the actions already taken to remedy this. We have decided to discontinue our investigation on the remaining complaints because they are out of time and further investigation is unlikely to lead to a different outcome.

Summary: Miss X made an application for a blue badge which was declined by the Council. Miss X disagreed with the decision and complains the Council did not fully consider all the medical evidence she presented. We did not find fault with the assessment. But we find fault with the delay in the Council refunding the application fee. However the injustice caused by this was not such as to justify a remedy.

Summary: We will not investigate this complaint about the Council’s failure to raise safeguarding concerns about an injury to the complainants mother’s knee injury. This is because further investigation would not lead to a different outcome.

Summary: We will not investigate this complaint about what happened to Mr X’s father whilst in the Council’s care. This is because this is a late complaint and there are no good reasons to investigate now.