Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her care package. The Council has agreed to remedy the injustice by apologising and taking action to provide Mrs X with the support agreed in her care plan. Further it will make a symbolic payment for the frustration, distress and uncertainty caused.

The complaint

1. Mrs X complained the Council did not help her find a new personal assistant, leaving her without entitled care support for over 3 months.
2. She also complained she had to make repeated contact with the Council to seek support.
3. Mrs X says the Council’s actions have had a damaging effect on her health.

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The Ombudsman’s role and powers

4. 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
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X contacted the Council in July 2024 and asked it for help in finding a new personal assistant (PA) to provide the 6 hours of care per week detailed in her care plan. She said her PA had found a new job and would be leaving in 9 days. She also asked for help with her direct payments.
9. Mrs X says she had to make repeated contact with the Council to seek support to find a new PA. When she did manage to speak with the Council, it told her she was allocated to the wrong team. She says she did not receive further support after being told this.
10. In September 2024 the Council upheld Mrs X’s complaint. In its response it said she had been placed with the wrong team but that this had been corrected. It recognised that after speaking with the Council, Mrs X had not been given information or direction to support her.
11. Mrs X contacted the Ombudsman in October 2024, she said that the complaint had been upheld by the Council, however she remained without a PA to provide her care.
12. If we investigated this complaint, it is likely we would find the Council at fault causing Mrs X injustice. This is because the Council has not:
• met its duty to ensure Mrs X’s care needs are met. The Council should have ensured that clear plans were in place for the absence of Mrs X’s PA.
• provided appropriate information and direction to Mrs X to support her to find a new PA. It recognised this in its own complaint response to Mrs X but has failed to act on this. Mrs X remains without a PA.

13. We therefore asked the Council to consider remedying this by taking the action set out below.

Agreed Action

14. Within 1 month of this decision, write to Mrs X and apologise for the frustration, uncertainty and distress caused to her. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
15. Within 2 weeks of this decision:
• contact Mrs X again to discuss replacement support for her whilst she seeks a new PA, and
• pay Mrs X a symbolic payment of £350 for avoidable frustration, distress and loss of service.
16. The Council will provide to the Ombudsman evidence of the above actions.

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Final decision

17. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman