North Yorkshire County Council (22 017 203)

Statement Upheld Other 14-May-2023

Summary: We will not investigate this complaint about the Council’s failure to consider Ms B’s application for an increase in contractual rates. This is because the Council has now considered Ms B’s application so there is no unremedied injustice for us to consider.

North Yorkshire County Council (22 016 258)

Statement Upheld Alternative provision 29-Jun-2023

Summary: Mrs X complained the Council failed to complete the recommendations it identified as being necessary in October 2022, after it upheld her complaint that it had not provided her son L, with an education for over 12 months. Mrs X said L remained without any educational provision or an up-to-date Education, Health and Care Plan. The Council failed to implement some of its own recommendations, failed to ensure L received the specialist provision from October 2022 to June 2023 and failed to review L’s Education Health and Care Plan in line with the statutory guidance. The Council agreed to pay Mrs X £5,150 to recognise the distress caused and lack of education, and it will issue L’s amended plan within one month.

North Yorkshire County Council (22 017 529)

Statement Upheld Charging 28-Sep-2023

Summary: The Council repeatedly missed opportunities to assess Mrs Z’s mental capacity regarding her ability to manage her finances when this was in doubt. As a result, its decision to charge her for the full cost of her care fees for several years before she died, based on incomplete information regarding her finances, was fault. This fault caused significant uncertainty and distress to her relative, Mr X, who is the executor of her will. The Council’s communication and complaint handling with Mr X has also been poor. In recognition of the uncertainty caused by the Council’s inadequate assessments of Mrs Z’s finances, the Council has agreed to write off the £21,987.06 debt it says she owes. The Council will also apologise to Mr X, pays him £350 to recognise his own frustration and time and trouble and carry out several service improvements to prevent this fault occurring in future.

North Yorkshire County Council (22 002 863)

Statement Upheld Charging 02-Oct-2023

Summary: The complaint concerned the care fees due for Ms B’s late aunt. She says that because the issue with the fees was not resolved it was not possible to apply for probate and wind up the estate. She said this caused her, and her parents, who has also acted in pursuing the matter with the Council, distress and time and trouble. There was fault which caused injustice. The Council should apologise and make a payment.

North Yorkshire County Council (22 013 262)

Report Upheld Charging 03-Oct-2023

Summary: Mr X complained about the Council’s financial assessment for his mother, Mrs Y’s residential care charges and its decision to treat monetary gifts to her children and grandchildren as notional capital. Mr X says this means Mrs Y was responsible for the full cost of her care for longer than she should have been. It resulted in significant arrears of care fees and a risk to Mrs Y’s place at the care home.

North Yorkshire County Council (22 015 220)

Statement Upheld Other 10-Nov-2023

Summary: Ms X complained about the Council’s disproportionate enquiries into the education she provided to her child at home. We have found one area of fault because the Council took long to resolve the matter. This caused avoidable distress to Ms X. However, the Council has already apologised to her, and we consider this to be a suitable remedy. We did not find evidence that Ms X was bullied by the Council or that it should not have made the enquiries it did.

North Yorkshire County Council (22 013 524)

Statement Upheld Safeguarding 27-Mar-2024

Summary: Mrs X complains about the provision of care provided to her daughter Y, during various periods between 2019-2022. Mrs X’s also complains the Council did not complete a safeguarding. We have concluded our investigation having made a finding of fault. During the period, there were occasions when care was not provided by Care Provider A, resulting in Mrs X and the family having to provide care to Y. The Council has agreed to our recommendations.