Overview:

Key to names used

• Mrs X The complainant
• Y Her son

Summary

Mrs X complained that an assessment of her son’s needs inappropriately depicted her wishes and feelings as negative and social workers did not communicate or engage with her appropriately. Mrs X also complained that the Council failed to carry out a proper parent carer’s needs assessment. We found there was no failure to engage and communicate with Mrs X and the statements made in the assessment amounted to professional judgements which we would not criticise. However, we found there was a failure to carry out a proper parent carer’s needs assessment. This was fault. The fault was significant and justified a public report because this was repeated fault which was not put right after a previous investigation we conducted found the same fault and recommended action to put it right. We also found that the Council failed to use the correct complaint process and its response to the complaint was significantly delayed. The failings in the assessment process and complaint handling meant a significant delay in assessing Mrs X to establish what support she may need and the matter has led to frustration and distress.

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)

To remedy the injustice caused, we recommend the Council:

• apologises to Mrs X for failing to carry out a proper parent carer’s needs assessment and for repeating this failing having previously carried out a flawed assessment. It should also apologise for the delay in considering her complaint. The Council should have regard to our Guidance on remedies, available on our website, which provides advice on effective apologies;

• pay Mrs X £1,000 to recognise the distress and time and trouble she was put to in bringing a further complaint to us. This is a higher amount than we would generally recommend. However, we agree that it is appropriate given the repetition of the fault which compounded the earlier error and delayed carrying out a proper assessment yet further;

• arrange for an Independent Social Worker to carry out a standalone parent carer’s needs assessment for Mrs X within eight weeks. If the completed parent carer’s needs assessment identifies that Mrs X should receive services, the Council should also provide a remedy for the loss of those services backdated to March 2022. This remedy should be in line with our Guidance on remedies. (We acknowledge that there will have to be consideration of Y in the independent social worker assessment, but not necessarily a full assessment of him.);

• provide training on how to conduct parent carer’s needs assessments both in writing and through discussion at team meetings;

• issue a briefing note to all relevant staff detailing complaints which fall within the scope of the statutory children’s complaint procedure. It should also circulate our Guide for practitioners with the briefing note; and

• undertake sample quality monitoring of parent carer’s needs assessments for the next six months to ensure the process is being carried out properly.

The Council has accepted our recommendations.

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