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 the Council provided inadequate reablement care following a hospital stay in November 2022 and has failed to meet her care needs since this ended. We have ended our investigation as it is unlikely we could achieve a worthwhile outcome. Miss X has since been admitted to hospital and her needs will be assessed on discharge.

Summary: Miss X complained the Council failed to properly consider her needs or provide her with the support it assessed her as needing. Miss X also said it had failed to properly consider her request for increased Direct Payments and failed to consider her cultural and support needs. We find the Council was at fault for failing to provide the support it assessed Miss X needed. It was also at fault for failing to properly reassess Miss X when it decided to reduce her support hours and for how it assessed her request to increase her Direct Payments. This caused Miss X a loss of service, causing distress, uncertainty, and confusion. We do not find the Council at fault for how it first assessed Miss X’s needs. The Council has agreed to remedy the injustice caused.

Summary: We will not investigate this complaint about how the Council handled Mr X’s safeguarding referrals. Further investigation would not lead to a different outcome.

Summary: Ms F complained about the Council’s handling of a safeguarding allegation against her. We found no fault in the process the Council followed to investigate the safeguarding concerns, and it was entitled to reach its view. However, it was at fault for failing to share the outcome of its safeguarding investigation with Ms F and causing delays in its complaints handling. Its apology was enough to remedy the injustice this caused her.

Summary: Mr X complains the Council delayed from May 2021 calculating and paying its care charge contribution for his mother’s care in a home. We consider there is fault by the Council. It has agreed our recommendations for a remedy and a service improvement.

Summary: We will not investigate this complaint about harm caused to Mrs Y due to preventable falls during respite in a care home. The Council has already provided a remedy in line with our guidance, and the courts are best placed to consider claims for compensation due to negligence.

Summary: We will not investigate Miss X’s complaint about how the Council considered and decided her blue badge application. There is not enough evidence of fault in the Council’s decision-making process to warrant us investigating.

Summary: We will not investigate this complaint about loss of income because of delays in the recruitment process, and then employment not going ahead. This is because the Council was not the employer and was not responsible for the issues being raised.

Summary: Mr X complains the Council has failed to meet his need for nighttime care. We have discontinued the investigation, as the Council has reassessed Mr X’s needs and is in the process of completing a new care and support plan, which will decide how his needs should be met. It is therefore too soon to say whether the Council has failed to meet Mr X’s needs for night-time support.

Summary: Mr X complained about the Council’s failure to promptly arrange a residential placement and related matters. We have found fault with some of the Council’s actions, primarily around poor communication with Mr X’s family. To remedy the distress and frustration caused by this fault, the Council has agreed to apologise, make payments to Mr X and his daughter and take action to improve its service.

Summary: The care provider did not make it clear the fee paid for Mrs X’s care did not include the Funded Nursing Care contribution from the NHS. There was no fault in the charges applied and no injustice caused. However, the care provider’s subsequent fee increases and changes in terms and conditions were given with short notice, did not meet the guidance and prompted Mr A to move Mrs X from the home.

Summary: There was no fault in how the Council dealt with the financial aspects of Mr B’s late mother’s care.

Summary: Mrs D complains about the domiciliary care provided to her mother. There was fault which has caused distress and time and trouble to Mrs D. To remedy this, the Council has agreed to apologise, and make a payment and service improvements.

Summary: Mr X complained on behalf of his adult son, Mr Y. Mr X complained the Council withdrew Mr Y’s direct payments without formal notice. The Council was at fault for stopping Mr Y’s direct payments without the correct notice period and for not reviewing Mr Y’s care and support needs or updating his care plan when it stopped the direct payment. The Council will apologise, pay Mr X for his distress and uncertainty, review Mr Y’s care and support plan and reinstate and backdate Mr Y’s direct payments in the meantime.

Summary: We will not investigate this complaint about how the Council managed Ms Y’s finances when it was her deputy and its failure to properly consider Ms X’s concerns about another family member. Parts of the complaint are late and there is not a good reason for the delay in complaining. We could not achieve a meaningful outcome for Ms X in respect of the other matters.

Summary: We will not investigate this complaint about adult social care. There is no evidence to support Mrs C cannot see her husband because of fault by the Council.

Summary: We will not investigate this complaint about how the Council handled Ms X’s care. This is because we could not achieve more than the action the Council has already taken to resolve the complaint.

Summary: We will not investigate this complaint about the Council failing to tell Mrs X about a large increase in her father’s care fees. This is because an investigation would not lead to different findings or outcomes. In addition, the injustice caused by the fault accepted is not significant enough to justify an investigation.