Overview
Mrs C is disabled and had been assessed by her local Council as requiring Community Care. She chose to receive Direct Payments and employ her own personal assistants to provide this, under a national scheme administered by each local Council. In 2005 she moved to live in the South Ayrshire Council (the Council) area. Mrs C was concerned about the Council assessment of her needs under the Council's Direct Payments. In addition, Mrs C was assessed as requiring adaptations to the bathroom in her new home. The Council said they would support an application for a grant for a wet-floor shower area. Mrs C complained that the Council had not taken into account her need for a bath for health reasons. This latter point was dealt with by a Social Work Complaints Review Committee (the CRC) of the Council and not upheld. Mrs C said she felt the CRC did not give her complaint adequate consideration and that the recommendation for regular reviews was not followed by the Council.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the CRC did not give Mrs C's complaint about the Council's bathing assessment adequate consideration (not upheld);
- (b) Mrs C was not allowed to make her case in full to the CRC and was not allowed to take breaks (not upheld);
- (c) the CRC's recommendations were not followed and reviews of Mrs C's needs were not carried out sufficiently regularly (not upheld);
- (d) the Council mishandled Mrs C's application for Direct Payments (not upheld);
- (e) the Council did not provide Mrs C with sufficient support to allow her to administer the Direct Payments (not upheld); and
- (f) the Council's response to her complaints about the Direct Payments was inadequate (upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) review the guidance given to members of staff preparing reports and documentation for CRCs to ensure that panel members are fully aware of all relevant legislation, guidance and policy and provided with all relevant documents held by the Council;
- (ii) highlight in guidance to CRC panel members that they should remain sensitive to the needs of disabled complainants; and
- (iii) use this complaint as a case study with complaints handling staff to emphasis the importance of dealing with complaints as a whole and of being flexible in their approach.
The Council have accepted the recommendations and will act on them accordingly.