A Croydon woman fractured her spine using a bed turning aid the NHS installed. The council thought this could replace paid care workers for overnight care, the Local Government and Social Care Ombudsman has found.

Croydon council withdrew funding for the woman’s night-time care. The NHS instead installed a turning system. But she only used the system for two nights before injuring her lower back, leaving her in considerable pain. A scan later diagnosed her with a fractured spine.

The woman, who uses a wheelchair and is dependent on care staff to meet her needs originally received payments for care staff to help her overnight until January 2022. The council decided, after reassessment following the scan, that any overnight care should be paid by the NHS. But she would only receive this funding if she was in a nursing home.

In September 2023 she told the council she had serious problems with deep pressure sores that were putting her health at risk because she was not being turned overnight.

She was admitted to hospital in November 2023 and in January 2024 a professionals meeting was held which concluded the woman needed turning every three to four hours overnight. And although the council increased the funding the woman received for day-time care, it reiterated the NHS should fund overnight care.

The woman was again admitted to hospital in April 2024 and complained to the Ombudsman. The council told the Ombudsman it had started funding night-time care from August 2024 and intended to claim the money back from the NHS.

Local Government and Social Care Ombudsman, Ms Amerdeep Somal said:

“While the council and NHS were deciding who should be responsible for this woman’s care package, she was left without adequate care and support and was hospitalised on multiple occasions.

“If there is any question, once an assessment has been completed, of who is responsible for funding a care package, the person in need of support should never feel the impact of this on their health and welfare. The council should have considered putting in an interim plan while discussions were ongoing with the NHS.

“I am pleased the council eventually came to this conclusion itself, but it should not have taken my intervention for this to happen.”

The Local Government and Social Care Ombudsman remedies injustice and shares learning from investigations to help improve public, and adult social care, services. In this case the council has agreed to review the woman's direct payment and agree in writing how she can pay for her care in future, apologise to ther and pay her £1,000 for the injustice. It will also make a symbolic payment of £2,500 for the harm she experienced.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council will remind relevant staff of the importance of effective complaint handling and will put measures in place to ensure all direct payment accounts are reviewed every 12 months in line with guidance.

The Ombudsman, in conjunction with PHSO, issued guidance to councils and the NHS on working more closely to improve local care in July.

Article date: 27 March 2025