Overview:

Key to names used

• Miss X - The complainant

Summary

Miss X complained about the Council’s decision to withdraw funding for nighttime care. She said the Council’s decision to remove the care meant she did not have suitable support and could not afford the care and tax obligations as an employer of a personal assistant. Miss X said this impacted her independence, health and finances. There was fault in the way the Council did not meet Miss X’s needs and did not manage the direct payment suitably. Miss X’s needs were not met.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

In addition to the requirement set out above, to remedy the injustice caused the Council has agreed to:

• • apologise to Miss X for the injustice caused by the fault identified in this case. This apology should be in accordance with our guidance Making an effective apology;

  • pay Miss X £1,000 to acknowledge the missed opportunity and uncertainty caused by failing to work with her to enable her to manage the direct payment account;

  • make a symbolic payment to Miss X of £2,500 for placing her at risk of harm, leading to physical harm;

  • review Miss X’s use of her direct payment and agree in writing how she can pay for her care in the future, including appropriate support as needed;

  • remind relevant staff of the importance of effective complaint handling and ensuring appropriate responses are issued within the timescale set out in the Council’s policy; and

• put measures in place to ensure all direct payment accounts are reviewed every 12 months in line with the guidance.

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