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: Mrs X complains about the Care Providers delivery of care over four days, and its consideration of the concerns she raised. She says the provider conducted a biased investigation and unreasonably ended the care. The Ombudsman finds no fault with the Care Provider.

Summary: Ms D complained on behalf of the late Mr J about the care and support provided to him by the Council since 2021. There was fault which has caused uncertainty to Ms D. The Council has agreed to apologise to Ms D.

Summary: The complaint concerned the Council’s role in Mr C’s care in the months preceding his death. The complaint was made by his daughter Ms B. She said the Council delayed in assessing her father’s needs and when it did, the assessment did not accurately reflect his needs. She said the proposed support was not sufficient and the Council failed to put that support in place. She said the failure to provide the support he needed meant his quality of life was significantly affected and she believed it would have hastened his death. She said that it had a significant impact on her as she was aware of the way her father was suffering because of the lack of support. There was fault by the Council which caused injustice. The Council will apologise and make a symbolic payment to Ms B to recognise the distress caused.

Summary: Miss X complained the Council wrongly denied her application and appeal for a blue badge. There was no fault in the Council’s assessment of Miss X’s application. There was fault in how the Council informed Miss X of its decision, but this did not cause Miss X an injustice.

Summary: We will not investigate this complaint about adult social care at home. The Care Provider has accepted fault, apologised, will refund or credit any payment for services not received, and will improve service by raising issues with its staff in supervision meetings. It is unlikely the Ombudsman could reach a different outcome.

Summary: We will not investigate this complaint about an application for a Blue Badge because it is unlikely we would find fault by the Council.

Summary: We will not investigate this complaint about an application for a Blue Badge because it is unlikely we would find fault by the Council.

Summary: We will not investigate Ms X’s complaint about the Council’s refusal to facilitate a move for her father who lives in a nearby borough into extra care housing in its area. This is because there is insufficient evidence of fault.

Summary: We will not investigate this complaint about the Council charging the late Mr B for care, his son, Mr C, says he did not agree to pay. This is because it will be for the executor or administrator of the estate to defend in court if necessary any charges they do not believe Mr B owes.

Summary: We will not investigate this complaint about the Council not providing Mx A with social care support and the Council’s refusal to consider their complaint.

Summary: Mrs X complains about the way in which Charity B (funded by the Council) dealt with her husband, Mr X, prior to his death by suicide. Charity B has taken appropriate steps and action to improve its services has a result of Mrs X’s complaints. The Council also monitors the Charity’s handling and performance with sufficient regularity to identify and help address any issues.

Summary: Mrs X complains about the quality of care her father, Mr Y, received from the Care Provider. There was fault in the Care Provider’s handling following several falls by Mr Y, the last of which resulted in his emergency admission to hospital. The Care Provider’s record-keeping and adherence to its own procedures could have been better. The Care Provider has already offered an appropriate financial remedy to address the injustice caused to Mr Y. It has now agreed to take further action to remedy the injustice caused to Mrs X and her brother and make service improvements to help avoid recurrence of the faults identified in this case.

Summary: The complainant (Mr X) complained about the quality of the residential care provided by the Green Nursing Homes Limited (the Care Provider) to his father (Mr Y) and its failure to present him with the details of its terms and conditions. We did not find any of the Care Provider’s actions caused or could have caused injustice to Mr Y.

Summary: We will not investigate this complaint about carers at Mrs X’s independent living accommodation accusing her of being trouble and telling her to return to her room and not come out. This is because the complaint is late and there are no good reasons for why Mrs X did not complain about the matter earlier.

Summary: We upheld this complaint. Mrs Y’s care was not person centred, the Care Provider’s record keeping was inadequate and there was a failure to notice she was becoming unwell. The Care Provider also took too long to respond to the complaint. It has taken some action to remedy the avoidable distress and to avoid recurrence. It will arrange for staff training in effective record keeping and identifying signs a resident may be becoming unwell.

Summary: We will not investigate this complaint about the Council’s decision to implement a s42 safeguarding enquiry into concerns raised about Mrs C’s care and support. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

Summary: We will not investigate this complaint about an alleged debt for adult social care fees because we do not have evidence Ms E is a suitable representative of the estate claimed from.

Summary: We will not investigate this complaint about adult social care in a residential care home. This is because we could not add to the Care Provider’s investigation or reach a different outcome. The Care Provider has acknowledged the distress it caused by apologising and offering a payment. It has advised of the actions it will take to improve future service. The Ombudsman could not achieve anything further than the remedy already provided.

Summary: We will not investigate this complaint about the Council’s decision not to provide a Disabled Facilities Grant to build a new bedroom and en-suite shower room for the complainant’s mother. There is not enough evidence of fault in how the council made its decision to justify investigating. And we cannot achieve the outcome the complainant is seeking. Also, the Council has apologised for the delay in progressing the matter which I consider an appropriate remedy.

Summary: We will not investigate this complaint about poor care provided to the late Mrs B. This is because we could not make a finding of the kind Mr C wants or remedy any injustice which might be uncovered during an investigation to the late Mrs B.

Summary: We will not investigate Ms C’s complaint about the Council’s refusal to provide her son, Mr B, with a commissioned care package rather than Direct Payments. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

Summary: We will not investigate this complaint about adult social care in a care home. The Care Provider has accepted failings, apologised, and taken action to improve service. It is unlikely the Ombudsman could add to that investigation or reach a different outcome. The Ombudsman cannot conclude negligence or say the actions taken on behalf of the Council led to death of a resident.

Summary: We will not investigate this complaint about the Council charging Mr X’s father for care services he did not need. This is because an investigation would not lead to a different outcome. In addition, there is insufficient evidence of fault.

Summary: We will not investigate Mr B’s complaint about the Council’s decision to consider a referral for safeguarding without considering his account of the incident. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an ombudsman investigation.

Summary: We have not found evidence of fault by the Council in its response to Mrs A’s concerns about the care provided by a care home to her late husband. The Council has apologised for its delayed response to her complaint.

Summary: Mr C complains about the care the Council and its provider gave to his late father, particularly around a lack of consideration of his cultural needs. Mr C says this highlighted a lack of race awareness within the Council and the Nursing Home. The Ombudsman upholds most of the complaint and has made recommendations, to which the Council agrees.

Summary: Mrs X complained the Council commissioned care provider failed to protect her adult son Mr Y’s belongings and to supervise another resident who damaged his clothes. The Council was at fault. It failed to ensure Mr Y’s laundry care plan was complied with by Mr Y’s care providers. It has already offered Mrs X a payment to replace damaged clothes. It has agreed to pay her an additional £200 to acknowledge the frustration and time and trouble she was caused by this.

Summary: Mrs X complained the Council commissioned Care Provider continued to take care charges out of her late mother-in-law’s, Mrs Y, account after she had died, to clear a debt. We found Mrs Y did have outstanding care fees however, the Council was at fault for not clearly explaining this to Mrs X or the family. The Council has agreed to apologise to Mrs X for the distress it caused and give her a symbolic payment to recognise this. The Council will also remind the Care Provider to ensure it provides information about debts to people in a clear and timely manner to prevent a recurrence of fault.

Summary: We will not investigate this complaint about delays in a social care assessment and complaints handling. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.

Summary: We will not investigate this complaint about adult social care because we are satisfied with the remedy the Council has proposed.

Summary: We cannot investigate Miss X’s complaints about the actions of a Care Provider. This is because the actions complained of do not relate to the provision of adult social care.

Summary: there was no fault in the way the Council carried out an assessment of Mr X’s needs under the Care Act 2014 in 2022 and decided he did not meet the eligibility criteria. Nor was there fault in the way officers communicated with Mr X and put special arrangements in place to manage his contact.

Summary: Mrs X complains the Council was at fault in the way staff at its care home cared for her mother Mrs Y due to a delay in seeking medical assistance causing her to be unwell. We found fault as the care documentation was not as robust as it could have been causing uncertainty for Mrs X over the care Mrs Y received. We have recommended a suitable remedy, so have completed our investigation.

Summary: We will not investigate this complaint about the care costs Mrs X incurred for package of care she received. That is because we would be unlikely to find fault with the Council’s actions.

Summary: We cannot investigate this complaint about a drug and alcohol treatment centre. This is because the complaint is not about actions that involve, or are connected to, the provision of adult social care. So, we have no power to investigate the complaint.