Summary: Mr D complained the Council delayed paying his mother in her role as a shared lives carer. We find the Council was at fault for its delay in paying Mr D’s mother. The Council has agreed to our recommendations to address the injustice caused by fault.

The complaint

1. Mr D complained the Council delayed paying his mother, Ms E, in her role as a shared lives carer.
2. Mr D says Ms E had to borrow money to cover her expenses. He adds he has been put to unnecessary time and trouble trying to resolve the matter.

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The Ombudsman’s role and powers

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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 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 from Mr D. I made written enquiries of the Council and considered information it sent in response.
7. Mr D 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

8. Ms E is a shared lives carer for a young adult (Mr F). The placement started at the end of October 2022. Shared lives schemes provide an alternative to traditional social care accommodation and support for adults. Under shared lives schemes service users who cannot live independently receive care and support from ordinary family households. Shared lives carers are paid a fee to cover the rent, household costs and care and support they offer to service users. 
9. The Council told Ms E the payments for looking after Mr F would be split into three parts. This consisted of a caring rate which the Council would pay directly and a rent and utilities element which Mr F would pay. As Mr F is unemployed, the rent and utilities payments come from his benefits. The Council told Ms E if there was a delay in Mr F receiving his benefits, it would cover both the rent and utilities to ensure she had enough money.
10. The Council paid Ms E the caring rate. However, the Department for Work and Pensions (DWP) had not processed Mr F’s benefits and so she did not receive the rent and utilities payments.
11. The Council visited Mr F and Ms E in December. Ms E said Mr F had not received his benefits. The Council said it would investigate the matter.
12. Ms E’s daughter talked to the Council about Mr F’s finances. The Council emailed her after the telephone call and said it would not cover the rent and utilities if the service user had applied for benefits. It apologised it did not make this clear during the assessment process.
13. Mr D complained to the Council about its failure to adhere to its previous commitment to cover the rent and utilities.
14. The Council agreed to make a one-off payment in January 2023 to cover the rent and utilities. It said it would backdate the payments to when the placement started. However, Mr F benefits were approved around the same time and therefore the Council did not make the one-off payment.
15. The Council responded to Mr D’s complaint. It said colleagues in its progress into adulthood team were unaware the Council would take responsibility for paying the rent and utilities until Mr F’s benefits had come through. It said it had now rectified the misunderstanding. It said it was liaising with his sister to make the funds available to Ms E.
16. Ms E received the first payment towards the utilities and rent at the end of February.
17. Mr D asked for a stage one review. He said it was unacceptable Ms E had to wait four months to be paid. He said the Council should compensate Ms E for her distress and inconvenience. He also asked for clarity on the outstanding payments.
18. The Council issued its stage one review response. It said it was sorry for the support he received. It said it was actively chasing the DWP for the outstanding payments.
19. The Council and Mr D have confirmed the account is now up to date.

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Analysis

20. The Council has accepted it was at fault for failing to cover the rent and utilities when Mr F’s benefits were not approved in time. When the Council responded to my enquiries, it said once it became aware of the issues it worked quickly to resolve them.
21. I accept that once Mr D complained, the Council chased the outstanding payments with the DWP, and it also put in a place a standing order for the utilities. I welcome it has now resolved the matter and Ms E is receiving the payments on time.
22. However, I do not consider the Council fully recognised Ms E’s injustice when it responded to the complaint. Its fault meant Ms E did not receive a significant amount of money for four months, which caused her distress and worry. Mr D explained Ms E suffered financial hardship during this time, and she had to borrow money to cover these costs. This is a significant injustice which the Council needs to remedy.

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Agreed action

23. To address the injustice caused by fault, by 30 August 2023 the Council has agreed to:

• Apologise to Ms E.
• Pay Ms E £250 for her worry and distress.

24. The Council should provide us with evidence it has complied with the above actions.

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Final decision

25. There was fault by the Council, which caused Ms E an injustice. The Council has agreed to my recommendations and so I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman