Summary: There was no fault in the Council’s decision that Mr Y’s needs can be met in a shared supported living arrangement. The Council reviewed Mr Y’s care and support plan and provided funding and services to meet his needs while a long-term project is being built. And if the project falls through, the Council has told Mr Y’s family that it will commission a placement out of borough. This was in line with the duty to meet Mr Y’s eligible needs.

The complaint

1. Ms X complained for her son Mr Y that the Council could not source a supported living placement that was suitable for him because the proposals put forward involved sharing with others. Ms X also complained there had been no response to the proposal she put forward, despite the Council saying it would respond.
2. Ms X said this caused the family avoidable distress, put a strain on her and affected Mr Y's wellbeing and quality of life.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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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How I considered this complaint

5. I considered the complaint to us, the Council’s responses and documents described in this statement. I discussed the complaint with Ms X.
6. Ms X and the Council had an opportunity to comment on my draft decision. I considered comments before making a final decision.

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What I found

Relevant law and guidance

7. The LGSCO’s Principles of Good Administrative Practice says we expect councils to act fairly and proportionately and to be open and accountable. This includes explaining clearly the rationale for decisions and recording them.
8. Where a council agrees a person has care and support needs which meet national eligibility criteria, it must issue them with a care and support plan which sets out their needs, explains which is an eligible need and says how much funding the person is entitled to. It should give a copy of the care and support plan to the person. (Care Act 2014, sections 24 and 25)
9. The Care Act spells out the duty to meet eligible needs (needs which meet the eligibility criteria). (Care Act 2014, section 18)
10. The Care Act explains the different ways a council can meet eligible needs by giving examples of services that may be provided:
• Accommodation in a care home or other premises
• Care and support at home
• Counselling and social work
• Information advice and advocacy

(Care Act 2014, section 8)

11. Statutory Guidance explains a council should review a care and support plan at least every year, on request or in response to a change in circumstances. The purpose of a review is to see how a care and support plan has been working and to decide if any revisions need to be made to it. The council should act promptly after receiving a request for a review. (Care and Support Statutory Guidance, Paragraphs 13.19-21 and 13.32)
12. A council should revise a care and support plan where circumstances have changed in a way that affects the plan. Where there is a proposal to change how to meet eligible needs, a council should take all reasonable steps to reach agreement with the adult about how to meet those needs. (Care Act 2014, sections 27(4) and (5))
13. Supported living refers to an arrangement or scheme that provides personal care and support with managing daily living tasks so people can live in their own homes. The person’s housing is provided under a separate contract/ tenancy agreement.

What happened

14. Mr Y has autism and learning disabilities. He lives at home with his family. Mr and Mrs X provide informal care for Mr Y and his younger siblings. Mr Y is eligible for care and support and has been getting social care for several years. His care and support plan set out his eligible needs and the funding to meet those needs.
15. Ms X complained to the Council in March 2024 raising the same issues as in her complaint to us. Ms X’s view is that Mr Y’s autism and behavioural issues mean he is unable to share accommodation with any other adult. The Council does not agree with her.
16. The Council’s first response to the complaint said:
• It was meeting Mr Y’s assessed needs while seeking a long-term service for him
• It would continue exploring potential local developments. Some schemes had not come to fruition for reasons out of the Council’s control
• If the family decided they could not continue to provide for Mr Y then the Council would look at options outside the borough
• Mr Y had a further review of his care and support plan recently and an increase in care.
17. Ms X submitted a costed proposal for supported living for Mr Y (based on the Council identifying a suitable property). It cost about £250,000 a year to provide round the clock care and support for Mr Y in a rented property with him as the only occupant. The Council told me negotiations regarding the proposal are ongoing and queries and issues are yet to be resolved.
18. The Head of Service spoke to Ms X at the end of May 2024 about her complaint and provided a further response in July. They discussed an annex in a new scheme under construction (see paragraph 19(c)); but they could not give timescales. They also discussed Ms X’s proposal which the Head of Service said would be discussed with the Chief Executive.

Information from the Council

19. The Council also told me the following proposals had been considered:
1. An initial scheme was identified with a housing association, however the quality of the building was poor.  It therefore did not go ahead.
2. A further proposal of creating an annexe in a new development was put forward in May 2024.  However, this development remains delayed and is outside the Council’s control.
3. A 9-bedded development was due to complete in mid-2024; this has not happened, however, for a number of reasons including the developer not providing sufficient information to Housing Benefit for a decision on the proposed rent costs, a housing provider withdrawing from the scheme due to delays in progress, and some delays in accessing development finance.
4. Three additional properties which were suitable for development into supported living provision were identified and had commissioning support but were subsequently sold on the open market due to delays in the developer finding an appropriate registered provider and the vendors prioritising a quick sale.
20. The most recent care and support plan dated July 2024 describes Mr Y’s needs in detail. It notes:
• The family are struggling to offer Mr Y the care and support he needed and feel Mr Y is ready to move on.
• Mr Y likes to be around other people and interact with them in his own manner. He likes also to have space to retreat in a quiet place.
• He required a high package of care to meet his needs. The placement at home was not sustainable as his parents could not manage his needs as well as those of his siblings. Future accommodation was being considered and Mr Y has been put forward for a new scheme. In the interim, an increase to his care is required (and is agreed) to sustain the placement at home.
21. The care and support plan set out weekly funding of around £3000 the Council agreed for:
• Three nights (Sunday, Monday Tuesday) a week in a bespoke respite placement with one-to-one support
• Home care from a care agency (24 hours a week Wednesday, Thursday, Friday and Saturday).
22. The Council told me the scheme set out in paragraph19(c) is still in planning and would be suitable for Mr Y either in the Annex or main body of the house. There were no timescales. The Council also told me its view was that Mr Y could live with other adults in the right property and with the right support.

Findings

23. It is not our role to say what level of funding Mr Y requires or decide whether or not his needs can be met through care and support in an environment where he shares accommodation with other adults. We are not qualified to do that and even if we were, the decision on how to meet a person’s eligible needs is for the Council.
24. Nothing in Mr Y’s care and support plan says he cannot share accommodation with others. It says he needed space to retreat in a quiet place. I see no reason to criticise proposals for supported living which involve sharing care and support and facilities with other adults.
25. The Council’s Head of Service has spoken directly to Ms X to discuss her proposal and the Council reviewed Mr Y’s care and support plan at the same time as her complaint was going through the internal complaint process. This was in line with the duty in Section 27 of the Care Act and Care and Support Statutory Guidance and there is no fault. I am satisfied the Council took reasonable steps to seek agreement about Mr Y’s care and support by discussion with Ms X and in the care and support plan review and there is no fault. The Council also explained its reason clearly in the response to the complaint. This is in line with our Principles of Good Administration.
26. If the current arrangements are no longer sustainable for the family, the Council said it would explore options outside the borough. This is a fall-back plan for a future situation. I see no fault in the Council’s suggestion of an out of borough provision if Mr Y’s family cannot accommodate him. It provides the family with reassurance that the Council will continue to discharge its legal duty to meet Mr Y’s eligible unmet needs.

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Final decision

27. There is no fault in the Council’s decision that Mr Y’s needs can be met in a shared supported living arrangement. The Council has reviewed Mr Y’s care and support plan and is providing funding and services to meet his needs while a long-term project is being built. And if the project falls through, the Council has told Mr Y’s family that it will commission a placement out of borough. This is in line with the duty to meet Mr Y’s eligible needs.
28. I completed the investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman