Summary: The Council is at fault for failing to properly consider Mrs D’s complaint about support services for her son. The Council has agreed to progress the complaint, make service improvements, and make a symbolic payment of £250 to Mrs D for her time, trouble, and frustration.

The complaint

1. The complainant who I refer to as Mrs D complains about services provided to her son Mr D. Mrs D complains the Council has failed to meet Mr D’s housing needs, reneged on promises, and failed to respond to her complaints.
2. Mrs D says because of these failures Mr D has remained in the family home without the means to live independently. His family have continued to care for Mr D with little confidence the Council will find suitable alternative accommodation. Mrs D says she has had the distress, frustration, time, trouble and worry over the past seven years in trying to get housing for Mr D to no avail. The failure to respond to her formal complaint and the broken promises made by the Council has compounded her distress and worry for Mr D’s future.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

6. I have not investigated the Council’s lack of provision to Mr D as I consider the Council should complete its complaint investigation. This will allow Mrs D an opportunity to consider the Council’s response before having the matter considered by the Ombudsman if she remains unhappy. I have therefore only dealt with the faults in the complaint handling Mrs D has raised.

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How I considered this complaint

7. I spoke with Mrs D and sent enquiries to the Council. I considered the role of the Ombudsman, and the Council’s response to my enquiries.
8. Mrs D and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What should have happened

9. The Council’s “Complaints about Social Care Policy” says it should give complainants an estimated response time. This will usually be within six weeks but can take up to six months. The Council says it may exceed these timescales in exceptional circumstances.
10. Councils should have clear procedures to deal with social care complaints. Regulations and guidance say they should investigate and resolve complaints quickly and efficiently. A single stage procedure should be enough. (Local Authority Social Services and National Health Service Complaints (England) Regulations 2009)

What happened

11. This complaint spans both issues across housing and social care. Mrs D lodged a complaint with the Council in November 2022 but did not receive a substantive response to the complaint.

Is there fault causing injustice?

12. In response to my enquiries the Council accepts it has delayed in investigating Mrs D’s complaint. It has also failed to communicate with Mrs D about her complaint. The Council has agreed to meet with Mrs D to move forward with the complaint. Due to the delays a director will also have oversight of the complaint. Mrs D agrees to the Council investigating her complaint and referring the matter to the Ombudsman if she remains unhappy with the outcome.

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Agreed action

13. I have found fault in the actions of the Council which has caused Mrs D injustice. I recommended and the Council agreed to remedy the complaint by taking the following actions:-
1. within one month of the final decision considers Mrs D's complaint;
2. within one month of the final decision apologises to Mrs D for the delay and pays her £250 for her time, frustration and trouble the Council's delay in complaint handling has caused;
3. within two months of the final decision reviews what happened in this complaint, to identify what went wrong and set out how the Council will ensure as far as possible this does not occur again.
14. The Council should provide us with evidence it has complied with the actions above.

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Final decision

15. I have found fault in the Council’s actions which has caused Mrs D injustice. I consider the agreed actions above are appropriate to remedy the complaint.
16. I have now completed my investigation and closed the complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman