Summary: We will not investigate this complaint about failure to share a copy of an adult social care and support plan. This is because the Council has accepted fault and apologised for the impact of that fault. We are satisfied this is appropriate action in response. We could not add to the Council’s investigation and are unlikely to achieve a different outcome.

The complaint

1. Ms B says the Council failed to give her daughter, Ms C, a copy of her adult social care support plan. This caused confusion for Ms C as she was not always getting the support she thought she should be, because she was not aware what was on the plan. Ms B says it sometimes caused arguments between Ms C and her support workers. Ms B also says the Council has written support plans without involving Ms C, and the complaints process has been long and confusing with many delays.

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The Ombudsman’s role and powers

2. 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). Ms C has given consent for Ms B to act for her.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. Although the issues in this complaint are from 2020, Ms B and Ms C only became aware of them in 2022 and made a complaint within 12 months of finding out about the problem. Therefore, it is not a late complaint.
5. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.
8. I considered the Ombudsman’s Guidance on remedies.

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My assessment

9. During an Ombudsman investigation into Ms C’s adult social care support and associated charges for care, Ms B found out the Council produced a care plan in October 2020 that Ms C was not aware of.
10. Under the Care Act 2014 and associated guidance, the Council should assess a person’s care and support needs and produce a care plan to show how it will meet any eligible needs. The Council should include the person, and any relevant people, in the care planning process and should send a copy of the assessment and care plan to the person.
11. The Council accepts it failed to send Ms C a copy of the October 2020 care and support plan, and it did not make Ms C aware that it was going to produce a care and support plan following a telephone discussion with her. The Council has apologised for its failings and the distress and distrust Ms C now feels toward the Council.
12. The Council says during 2022 when it was due to review Ms C’s care and support plan, Ms C was experiencing poor mental health and felt contact from the Council was adding to her stress. The Council says it made a reasonable adjustment under the Equality Act 2010 to produce a care plan on that occasion without involving Ms C. This allowed it to increase the care support to Ms C at that time. The Council has apologised to Ms C if that action made her feel excluded.
13. The Council says if Ms C feels there are any errors in her care and support plans, and would like anything rephrased, it would welcome her involvement now for her to feel comfortable and confident.
14. I am satisfied the Council has fully investigated and responded to the complaint. It has acknowledged where it has got things wrong, and apologised to Ms C for the impact of those failures. The Council has also advised what it will do to improve future service to Ms C and to others. I do not consider we could add to that investigation or that further investigation would likely lead to a different outcome.
15. Ms C would like the Council to make a financial payment to acknowledge her distress. As a body focused on individual justice and institutional improvement, we do not impose punitive fines for errors. I am satisfied the Council’s apology is sufficient to acknowledge Ms C’s confusion and distress.
16. Although Ms B says Ms C is still not receiving the social care she needs, that is not injustice caused by not receiving the care plan in October 2020 or not being involved in the 2022 review. There have been various care plan reviews since 2020, and a previous Ombudsman investigation, which looked at the care Ms C was receiving.
17. Ms B is also unhappy with the way the Council dealt with her complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

18. We will not investigate Ms B’s complaint because we could not add to the Council’s investigation, and it is unlikely further investigation would lead to a different outcome. The Council has accepted failures in its service and apologised to Ms C for the impact of those failures. We are satisfied this is appropriate action to acknowledge Ms C’s confusion and distress.

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Investigator's decision on behalf of the Ombudsman