Local Government Ombudsman's Decisions

This are just some of the latest Local Government Ombudsmans decisions.

ttps://www.lgo.org.uk/decisions/adult-care-services/residential-care/17-016-743">Leonard Cheshire Disability (17 016 743)

Summary: Mr C complained about the care support and actions of the care home he lived. The Ombudsman decided to discontinue the investigation, because the matters complained about are being put before the Courts to consider.

https://www.lgo.org.uk/decisions/adult-care-services/charging/18-006-323">Essex County Council (18 006 323)

Summary: Miss X complains that the Council charged her sister, Miss Y when she had previously been exempt, and did not tell her. She says it kept changing the amount and allowed a debt of over £4,000 to build up. She says this caused Miss Y financial hardship and she has had to cancel her care. The Ombudsman finds no fault in the Council’s actions.

https://www.lgo.org.uk/decisions/adult-care-services/safeguarding/18-007-829">North Yorkshire County Council (18 007 829)

Summary: Miss X complained about the time the Council took to respond to a complaint she made in December 2015. There was no fault in the Council’s actions.

https://www.lgo.org.uk/decisions/adult-care-services/safeguarding/18-013-485">Blackpool Borough Council (18 013 485)

Summary: Mr B complains the Council did not respond correctly to safeguarding concerns raised about his father, Mr C and his father’s wife, Mrs C. Mr B complains the Council’s inaction left them at risk of harm. The Ombudsman finds fault with the Council. The Council has agreed to review its procedure for adding concerns onto its case management system and to pay Mr C £100 for the unnecessary risk of harm he was exposed to.

https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/18-018-470">Lancashire County Council (18 018 470)

Summary: The Ombudsman will not investigate Mr A’s and Ms B’s late complaint about the Council invoicing them for their mother’s, Mrs C’s, top up fees. This is because there is no good reason why Mr A and Ms B could not have come to the Ombudsman sooner if they were concerned about the way the Council assessed Mrs C or charged for a top-up to her care fees. There is no good reason for the Ombudsman to disapply the law to investigate this matter now.

https://www.lgo.org.uk/decisions/adult-care-services/domiciliary-care/17-017-383">Devon County Council (17 017 383)

Summary: The Ombudsman will not investigate Ms A’s complaint about care provided to her mother Mrs B. This is because the Council investigated Ms A’s complaints and has apologised for the anxiety and upset caused. Any further investigation by the Ombudsman would not be able to make a different finding of the kind Ms A wants.

https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/18-002-923">Telford & Wrekin Council (18 002 923)

Summary: there was no fault in the way the Council assessed Ms X’s eligible needs.

https://www.lgo.org.uk/decisions/adult-care-services/residential-care/18-017-668">Redcar & Cleveland Council (18 017 668)

Summary: The Ombudsman will not investigate Ms A’s complaint about the actions taken by the Council regarding her move to a residential care home. This is because there is not enough evidence of fault with the actions taken by the Council. He could not add to the Council’s response or make a finding of the kind Ms A wants even if he investigated.

https://www.lgo.org.uk/decisions/adult-care-services/charging/18-017-932">Stockton-on-Tees Borough Council (18 017 932)

Summary: The Ombudsman will not investigate Mr A’s complaint about the Council requesting information about his mother’s, Mrs B’s, finances before the NHS has completed an appeal process. This is because there is no evidence of fault with the actions taken by the Council warranting an investigation by the Ombudsman.

https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/18-018-058">Essex County Council (18 018 058)

Summary: The Ombudsman will not investigate Mr B’s complaint about the care service he receives. This is because there is no evidence of fault in the way the Council has reached its decision on Mr B’s care package so we would not be able to achieve the outcome Mr B was seeking.

https://www.lgo.org.uk/decisions/adult-care-services/domiciliary-care/18-018-400">Dorset County Council (18 018 400)

Summary: The Ombudsman will not investigate Mr A’s complaint about the actions of the Council. This is because any further investigation by the Ombudsman could not add to the Council’s response and the Ombudsman could not make a finding of the kind Mr A wants. The Court of Protection decided where Mr A’s wife should live and only the court can overturn this decision.

https://www.lgo.org.uk/decisions/adult-care-services/other/18-019-431">West Sussex County Council (18 019 431)

Summary: The Ombudsman will not investigate Mr A’s complaint about a carer failing to fulfil a care call. This is because Mr A has informed us he no longer wishes to pursue the complaint.

https://www.lgo.org.uk/decisions/adult-care-services/direct-payments/17-016-412">London Borough of Hillingdon (17 016 412)

Summary: Mrs F complains the Council failed to provide the care and support to meet her son’s eligible care needs. The Ombudsman has found fault causing injustice. The Council has agreed to apologise, make a payment and consider how to meet his needs.

https://www.lgo.org.uk/decisions/adult-care-services/safeguarding/18-004-914">Darlington Borough Council (18 004 914)

Summary: The Council was at fault for the Care Provider’s failure to ensure its staff were familiar with Mrs X’s care plan prior to her falling in the care home in April 2017. The Council and the Care Provider have already taken action to remedy Mrs X’s injustice and to implement service improvements, so no further action is necessary. However, the Council was also at fault for a delay in its complaint investigation. It has agreed to apologise to Mrs X’s daughters, and to pay them £100 each to recognise their injustice.

https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/18-006-600">North Lincolnshire Council (18 006 600)

Summary: Miss B complained about delay by the Council in completing a care assessment and providing services to meet her needs. There is fault in the way the Council has dealt with the matter. The Council agreed to put some services in place as soon as possible, to arrange counselling for Miss B, pay her £200 and improve its procedures.

https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/18-007-451">Gloucestershire County Council (18 007 451)

Summary: Ms X complains on behalf of Miss C about the Council’s decision to reduce her care package and that her needs are not being met. The reduction means Miss C can no longer get the 1 to 1 support she wants to help her visit her family. There is no fault in how the Council assessed Miss C’s needs and used its professional judgement to decide how to meet those needs. The Council delayed in responding to Miss C’s complaint about this and when it did, it provided an incomplete response, which caused uncertainty for Miss C. The Council should apologise to Miss C for this. The Council has taken too long to review Miss C’s care plan following her complaint and has agreed to complete this without further delay.

https://www.lgo.org.uk/decisions/adult-care-services/other/18-015-172">Bolton Metropolitan Borough Council (18 015 172)

Summary: Miss X complains that the Council is not providing the support she needs. She says the Council referred her to an out-of-area advocacy service, breached her human rights by trying to discuss her personal information, failed to respond to her complaints, and failed to tell her about appointments. Miss X says this caused her significant stress. The Ombudsman does not find fault with the Council.

https://www.lgo.org.uk/decisions/adult-care-services/transport/18-016-346">London Borough of Harrow (18 016 346)

Summary: Ms X complains about the Council’s handling of her application for a blue badge. There is no evidence of fault affecting the Council’s decision on Ms X’s application.

https://www.lgo.org.uk/decisions/adult-care-services/safeguarding/18-017-090">Barnsley Metropolitan Borough Council (18 017 090)

Summary: The Ombudsman will not investigate Miss X’s complaint that the Council failed to take adequate steps to safeguard her grandmother, Mrs Y. It is unlikely we would find fault by the Council in not stopping Mrs Y from returning home and we cannot remedy any injustice she may have suffered during the final weeks of her life.

https://www.lgo.org.uk/decisions/adult-care-services/safeguarding/17-018-314">Birmingham City Council (17 018 314)

Summary: Ms P complained that a council and NHS Trust took too long to arrange her mother Mrs D’s discharge from hospital and did not do so properly. Then, they were forced to accept a care home which was known to provide poor care. Mrs D was neglected and abused there. The council did not respond properly and closed its safeguarding investigation without good cause. The Ombudsmen find that the Council and Trust delayed the discharge, and did not properly consider possible options. They caused the family to believe they had to accept a placement they did not want, or Mrs D would be forced to leave hospital the next week. The council gave them incorrect information about care costs. The council did not properly ensure Mrs D was safe after an alleged assault. The council closed the safeguarding enquiry without investigating properly and ensuring others were safeguarded. The Ombudsmen recommend actions to address this.

https://www.lgo.org.uk/decisions/adult-care-services/residential-care/17-010-364">Bupa Care Homes Limited (17 010 364)

Summary: Dr A complains about the care and treatment of his mother, Mrs B, in a Bupa Care Home and while under the care of a GP Practice. The Ombudsmen uphold part of the complaint against the Home for nutrition and falls risk assessment but not against the Practice.

https://www.lgo.org.uk/decisions/adult-care-services/residential-care/17-010-364a">The Red House Care Home (17 010 364a)

Summary: Dr A complains about the care and treatment of his mother, Mrs B, in a Bupa Care Home and while under the care of a GP Practice. The Ombudsmen uphold part of the complaint against the Home for nutrition and falls risk assessment but not against the Practice.

https://www.lgo.org.uk/decisions/adult-care-services/domiciliary-care/17-016-427">Stockport Metropolitan Borough Council (17 016 427)

Summary: The Ombudsmen found that NHS and social care organisations provided appropriate care to an elderly patient over several months in 2016. There is evidence of appropriate assessments and actions in line with relevant guidance.

https://www.lgo.org.uk/decisions/adult-care-services/safeguarding/18-005-430">Slough Borough Council (18 005 430)

Summary: The Ombudsmen will not investigate Mr U’s complaint about the conduct of Council staff during a safeguarding enquiry, as we are unlikely to find fault. The Ombudsmen will not investigate Mr U’s complaint about the treatment his mother received at the Trust, because he has started court proceedings against this organisation.

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