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.

  • Bournemouth, Christchurch and Poole Council (22 018 077)

    Statement Closed after initial enquiries Charging 25-Apr-2023

    Summary: We will not investigate this complaint about an increase in contribution towards the costs of adult social care. This is because there is no evidence of fault, the Council has acted in accordance with relevant law and guidance.

  • Darlington Borough Council (23 000 912)

    Statement Closed after initial enquiries Other 25-Apr-2023

    Summary: We will not investigate this complaint about the Council’s response to Mr X’s freedom of information request. It is reasonable for him to complain to the office of the Information Commissioner which is the proper authority to consider information access complaints.

  • Thurrock Council (22 005 155)

    Statement Not upheld Assessment and care plan 25-Apr-2023

    Summary: Ms X complains the Council failed to provide consistent care for Miss Y after support from Provider A ended at the end of July 2021. We have concluded our investigation having not made a finding of fault. We conclude that the Council took sufficient steps to reinstate care for Miss Y, and any gaps in care between July 2021 and July 2022 were not the fault of the Council. The Council has also backdated any funding that was agreed.

  • Dorset Council (22 005 228)

    Statement Upheld Charging 25-Apr-2023

    Summary: Mrs X complained the Council charged her mother, Mrs Y, for care without providing information and without getting her consent. Mrs X says this caused the family distress when they received the bill. There was fault in the way the Council did not provide information about charging for Mrs Y’s care. Mrs X and Mrs Y suffered distress when they received the bill. The Council should apologise, refund Mrs Y’s money and issue guidance to its staff about providing information about charging.

  • Gloucestershire County Council (22 008 486)

    Statement Upheld Residential care 25-Apr-2023

    Summary: The Care Provider acting on behalf of the Council failed to have a detailed “End of Life” plan in place. This resulted in Ms C potentially missing the opportunity of being with her mother when she died. The Care Provider also failed to adequately arrange contact between Ms C and her mother causing frustration and distress. To remedy the complaint the Council has agreed to ensure the Care Provider reviews its policies, reminds staff and if necessary, provides training about care planning. It will also apologise and make a symbolic payment to Ms C for the distress, time and frustration the Care Provider’s failures have caused her.

  • Kent County Council (21 017 455)

    Statement Upheld Residential care 25-Apr-2023

    Summary: We found fault by the Council and Trust with regards to the care and treatment they provided to Mr Y when he was resident in a local care home. The Council and Trust will apologise to Mr Y’s daughter, Miss X, and pay her a financial sum in recognition of the distress caused to her by this fault. They will also take appropriate action to prevent similar problems occurring in future.

  • Blackburn with Darwen Council (22 012 633)

    Statement Upheld Transport 25-Apr-2023

    Summary: Mr X complained about the Council’s decision to refuse him a Blue Badge. We found no fault in the Council’s decision making however we found fault in its communication with Mr X, causing uncertainty. We recommended the Council provide Mr X with an apology.

  • Stoke-on-Trent City Council (22 018 153)

    Statement Closed after initial enquiries Domiciliary care 24-Apr-2023

    Summary: We will not investigate Mr X’s complaint about care provided to his wife by a care firm commissioned by the Council, and the Council’s actions in response to a safeguarding report received about him from a carer. There is insufficient personal injustice caused to Mr and Mrs X in relation to the care visits which warrants investigation. There is not enough evidence of fault by the Council in the way it investigated the safeguarding report to justify an investigation.

  • London Borough of Wandsworth (22 017 898)

    Statement Closed after initial enquiries Other 24-Apr-2023

    Summary: We will not investigate this complaint about adult social services because there is not enough evidence of fault to justify investigating.

  • Bracknell Forest Council (22 007 716)

    Statement Upheld Other 24-Apr-2023

    Summary: Mr X complained the Council failed to sufficiently safeguard his adult son, Mr Z, from harm caused by his housemate in supported living accommodation. The Council was not at fault for moving the two men into the accommodation initially, nor for the way it dealt with the safeguarding concerns. However the Council failed to consult properly in its best interests decision making regarding Mr Z and his living situation. This has caused uncertainty to Mr X and his son. The Council also failed to respond properly to Mr X’s complaint. This caused Mr X frustration and time and trouble. We have recommended the Council apologise, pay Mr X £150 and carry out a fresh mental capacity and best interests assessment into Mr Z’s living situation.

  • Worcestershire County Council (22 010 797)

    Statement Upheld Safeguarding 24-Apr-2023

    Summary: Miss X complained the Council failed to properly consider a safeguarding matter she raised, it failed to speak to her about it and the Council wrongly judged that she had a mental health illness. We found there was fault in the failure to speak with Miss X and for delay in the complaint process, but the safeguarding matter was dealt with properly.

  • Norfolk County Council (22 016 939)

    Statement Closed after initial enquiries Charging 23-Apr-2023

    Summary: We will not investigate this complaint about the Council charging Mrs X’s son for the full cost of his care. She says the Council failed to tell her son that he may have to pay for the care he receives. This is because there is insufficient evidence of fault.

  • Liverpool City Council (22 017 554)

    Statement Closed after initial enquiries Residential care 23-Apr-2023

    Summary: We will not investigate this complaint about care provided to the late Ms B. This is because further investigation could not add to the Care Provider’s responses or make a different finding of the kind Mrs C wants.

  • West Northamptonshire Council (22 017 566)

    Statement Closed after initial enquiries Safeguarding 23-Apr-2023

    Summary: We will not investigate Mr B’s complaint about the Council’s failure to reassure him of the actions it has put in place following a safeguarding enquiry into concerns he raised. This is because we are satisfied with the actions taken by the Council. We could not provide Mr B with the outcome he wants.

  • Nottinghamshire County Council (22 012 177)

    Statement Upheld Direct payments 23-Apr-2023

    Summary: Ms Y complained the Council failed to pay her son, Mr X, the correct amount of money to allow him to commission his care through direct payments. The Council was at fault. This caused Mr X and Ms Y frustration and meant Mr X was underpaid. The Council will apologise to Ms Y and Mr X, pay Mr X the money he should have received, and pay Ms Y and Mr X £100 each in recognition of the injustice they experienced. The Council will also carry out training to ensure staff are aware they should update care and support plans without delay, so people know what money is available to them to commission their care.

  • Tewkesbury Borough Council (22 012 325)

    Statement Upheld Disabled facilities grants 23-Apr-2023

    Summary: Ms X complains the Council failed to take appropriate action when she requested disability adaptations to her home. The Council is not at fault as it did not receive a referral for a disabled facilities grant for Ms X. The Council is at fault for the delay in responding to Ms X’s stage two complaint but this did not cause significant injustice to warrant a remedy from the Council.

  • Dudley Metropolitan Borough Council (22 012 616)

    Statement Not upheld Covid-19 23-Apr-2023

    Summary: Ms X complains the Council failed to deal properly with the funding for her father’s care home placement in March 2020, resulting in him paying for care which should have been free. Her father did not qualify for free care under the Government’s COVID-19 Hospital Discharge Service Requirements.

  • Avon Lee Lodge Limited (22 014 282)

    Statement Closed after initial enquiries Residential care 23-Apr-2023

    Summary: We will not investigate this complaint about adult social care because it is unlikely we could add to the Care Provider’s investigation or reach a different outcome.

  • Wigan Metropolitan Borough Council (22 018 061)

    Statement Closed after initial enquiries Residential care 20-Apr-2023

    Summary: We will not investigate this late complaint about the Council’s involvement with Mr X’s mother’s care. Mr X could have complained to us much sooner.

  • Tameside Metropolitan Borough Council (22 000 328)

    Statement Upheld Domiciliary care 20-Apr-2023

    Summary: Mr C said the Council failed to provide the care he needed and communicated with him poorly. On the evidence seen, the Council was at fault for a failure to provide an occupational therapist’s appointment for a year. It was at fault for not wearing transparent masks when visiting Mr C. These faults caused Mr C injustice in the form of distress and poor care. We have recommended the Council apologise to Mr C, make a financial payment and service improvements. However, the Council is not at fault for its financial assessment of Mr C’s ability to pay for his care.

  • London Borough of Havering (22 010 784)

    Statement Upheld Charging 20-Apr-2023

    Summary: Ms X complained about the level of care provided to her father, Mr Y, which was commissioned by the Council, and a lack of information about the costs of that care. The Council was at fault for not providing sufficient costs information and was responsible for poor record keeping and short care calls by the care provider. It should apologise, reduce the costs invoiced, and give guidance to relevant staff and the care provider.

  • Plymouth City Council (22 011 748)

    Statement Not upheld Transport 20-Apr-2023

    Summary: Mr J complained the Council did not assess his application for a blue badge properly and failed to consider his health conditions enough. Mr J said this has affected his mental health. We found no fault in the process the Council followed, we cannot therefore criticise the merits of its decision.

  • London Borough of Hackney (22 015 625)

    Statement Closed after initial enquiries Safeguarding 20-Apr-2023

    Summary: We will not investigate Ms X’s complaint that the Council failed to properly investigate a foster carer who misspent her relative’s Mr Y’s benefits. This is because this matter concerns events that took place over 12 months ago and there is no good reason to exercise discretion to investigate them now

    You also need to reflect that an investigation would not lead to a different outcome

  • Devon County Council (22 017 379)

    Statement Closed after initial enquiries Transport 19-Apr-2023

    Summary: We will not investigate this complaint about the Council’s handling of Mrs X’s blue badge application. She says the Council did not properly consider her medical evidence. This is because there is insufficient evidence of fault with the Council’s consideration and handling of Mrs X’s blue badge application.

  • Durham County Council (22 016 437)

    Statement Closed after initial enquiries Charging 19-Apr-2023

    Summary: We will not investigate Ms X’s complaints about care charges. One is late and with regard to the others, either there is not sufficient evidence of fault, further investigation could achieve nothing more or Ms X has yet to complain to the Council about the issues.

  • Willowbrook Healthcare Limited (22 009 017)

    Statement Upheld Other 19-Apr-2023

    Summary: Mrs C says the care provider failed to provide appropriate care to her during two periods of respite during which she sustained injuries and some belongings went missing. There is no evidence fault by the care provider caused Mrs C to fall but there is no evidence the care provider updated the risk assessment following that fall. The care provider also lost some of Mrs C’s belongings, a photo frame was damaged and on one occasion the home provided Mrs C with dirty cutlery. An apology, payment and training for care staff is satisfactory remedy.

  • West Northamptonshire Council (21 008 771)

    Statement Upheld Assessment and care plan 19-Apr-2023

    Summary: Mr B complains about the Council’s delay in assessing his mother’s care needs when she moved in with him from a neighbouring local authority. The Council did eventually agree to a suitable package of care for her. But this was delayed. The Council gave him some misleading advice during the period. The Ombudsman upholds the complaint. The Council has agreed to our recommendations.

  • East Sussex County Council (22 002 273)

    Statement Upheld Safeguarding 19-Apr-2023

    Summary: Miss X complained about the Council’s failure to carry out a proper safeguarding enquiry about neglect she suffered while living in a supported living unit arranged by the Council. We have found the Council to be at fault. The safeguarding enquiry was inadequate, and the Council failed to properly remedy the significant distress and uncertainty suffered by Miss X and her father, Mr Y. The Council has agreed with our recommendations to remedy this injustice.

  • Kent County Council (22 010 884)

    Statement Upheld Charging 19-Apr-2023

    Summary: Mrs X complained on behalf of her son, Mr Y. She complained the Council has not considered all Mr X’s disability related expenditure (DRE). Mrs X also complained about the lack of clear information available to her, poor communication and delays from the Council. She says this caused distress and anxiety and Mr Y has paid more for his care than he should have. There was fault in the way the Council considered disability related expenditure, did not provide clear information and there were delays in this case. Mrs X and Mr Y suffered from the uncertainty about the financial contributions to Mr Y’s care and Mrs X was put to time and trouble to complain. The Council should apologise to Mrs X and Mr Y, pay Mrs X £200 to acknowledge the time and trouble she has been put to, reassess Mr Y’s disability related expenditure and remind its staff to consider each case individually.