Summary: Miss B complained that the Council failed to provide appropriate care and support for her over a number of years. We have not found fault with the Council’s actions in respect of service provision. We have found fault with its complaint response but do not consider this has caused Miss B a significant injustice.

The complaint

1. Miss B complained that Kent County Council (the Council) failed to provide appropriate social care support to her for a number of years. She is particularly unhappy with the actions of two social workers. She says she has been caused significant distress as a result.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

5. I have investigated the events since September 2022, 12 months before Miss B first complained to us. I consider it was reasonable for Miss B to have complained to us sooner about the older events.

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How I considered this complaint

6. I have considered the complaint and the documents provided by the complainant, made enquiries of the Council and considered the comments and documents the Council provided. Miss B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

7. Miss B has ongoing mental health conditions following a brain injury from many years ago. This affects her ability to function consistently and manage daily living tasks. The Council has been involved with her social care since 2001. It has provided a package of care to support her choice to live independently in the community. The package has ranged from between six to sixteen hours a week. Miss B’s condition fluctuates and at points she been admitted to hospital for mental health assessments and support.
8. The two social workers Miss B has specifically named in her complaint worked with Miss B from 2006 to 2014 and 2013 to 2016. These events are too old to investigate now.
9. In September 2022 the Council reviewed Miss B’s care and agreed a new support package. A provider was sourced and started in early October 2022, providing 2.5 hours of support. Miss B engaged to some extent but by February 2023 she requested 1:1 support. This was not agreed but the provider continued to call Miss B twice a week. A care agency was also commissioned in October 2022 to provide independent living support for four hours a week. This support was increased to six hours in February 2023 but ended shortly afterwards due to a lack of engagement and issues with the care staff.
10. The Council’s records show that Miss B’s social worker during this period made regular contact with Miss B and tried to provide support. Services were put in, but Miss B responded inconsistently. The social worker also arranged help with heating costs and repairs to the property and liaised with mental health services.
11. Miss B’s mental health deteriorated resulting in an arrest and hospital admission in August 2023. A safeguarding enquiry was started following a concern raised by the hospital.
12. A professional’s meeting in September 2023 agreed to arrange further support for Miss B. She complained to us in September 2023 saying the Council had failed to provide her with support for over ten years. We referred the complaint back to the Council to respond to in the first instance. The Council said it had suspended its complaint investigation due to the open safeguarding enquiry, but it would contact Miss B once this was completed to see if she wished to continue with the complaint.
13. Miss B was admitted to hospital again in early October 2023. The Council offered her an assessment, but she refused. Her daughter was moving back in with her and mental health services were providing support. Miss B was readmitted to hospital following threats of self-harm. The Council attempted to resolve the disrepair issues in her property.
14. Miss B was discharged home in mid-November 2023, with her daughter living in the property. The Council referred her to the enablement team, but this service was closed in early January 2024 due to fluctuating mental health issues, non-compliance with medication and some behavioural issues. The Council also arranged support of 16 hours a week. It also tried to visit jointly with the housing team (a different council) to effect repairs, but Miss B cancelled the visit.
15. The safeguarding enquiry was closed in November 2023 at Miss B’s request.
16. In mid-January 2024 Miss B was back in hospital. A second safeguarding enquiry was started following a concern raised by the hospital. The housing team expressed concerns about Miss B returning to the property given the damage caused to the property and staff vehicles, along with disturbance to her neighbours.
17. Miss B was discharged home in February 2024. The Council and mental health services did a joint visit. Miss B agreed to a smaller package of care with a different provider as the previous provider would not return. Miss B requested help with the heating and the damp and mould in her property. In mid-February 2024 the Council agreed to a package of supporting independence care for nine hours a week.
18. In March 2024 the housing team confirmed it had done some kitchen repairs and taken action to remove and resolve the damp. But it would not visit again due to threats from Miss B and damage to property. It was considering serving a notice seeking possession.
19. In mid-March 2024 a care provider was found but Miss B declined their service due to the timing of the visits. In early April the Council found a new provider who provided regular support. Miss B contacted the Council again about her complaint. She said she wanted a new social worker and new carers.
20. At the end of May 2024 and again at the end of July 2024 Miss B’s mental health deteriorated and safeguarding concerns were raised. Mis B’s support worker was still having regular contact.
21. The Council responded to Miss B’s complaint in June 2024. It said she need to direct her complaints about housing to the housing team. Since she complained in April new carers had started and the arrangement was working well. Her current social worker was no longer going to be her point of contact.
22. Miss B complained again to us. Miss B was allocated a new social worker in mid-September 2024 who has tried to visit Miss B since then.

Analysis

Care and support needs

23. I understand Miss B’s situation must be very difficult for her, given the chronic and ongoing impacts of her injury. However, I have not found fault in the actions of the Council in trying to provide appropriate support for her. It has made regular contact with her over the past two years, reviewed her care needs, updated the support plan and arranged a package of care to support Miss B with managing daily living. It has also taken steps to assist her with heating and food and in resolving disrepair issues.
24. When Miss B has experienced a deterioration in her health the Council has been proactive in liaising with mental health services and amending her package of support where appropriate. The Council continues to try and provide support when Miss B will engage with its services.

Complaint-handling

25. The Council’s complaint-handling was poor. It initially suspended the complaint investigation in September 2023, due to an ongoing safeguarding inquiry but then failed to pick up the complaint again when the enquiry was closed in November 2023. It was only restarted when Miss B got in touch in April 2024. The Council then delayed, taking three months to respond and sent a very brief response. It said Miss B’s social worker would no longer be working on the case but failed to provide details of an alternative, beyond a generic number for the Community team. This was fault.
26. I note a new social worker was allocated in September 2024 and that Miss B’s care package continued during this period, so I do not consider a more detailed or prompt reply would have affected the services provided to Miss B and I do not consider she has been caused an ongoing injustice which warrants further remedy.
27. I also note we have made several service improvement recommendations in respect of the complaints process over the past 18 months and the Council has said in response to this complaint that it will send a message to all managers to remind them of the need to notify the complaints team when a safeguarding investigation has concluded, to ensure a complainant is contacted again at this point.

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Final decision

28. I have completed my investigation as I have not found fault causing injustice in the actions of the Council towards Miss B.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman