Overview
The complainant (the Solicitors) brought a complaint to the Ombudsman on behalf of their clients (Mr and Mrs C). Mr and Mrs C disputed Scottish Borders Council (the Council)'s decision to take into account the value of Mr C's mother (Mrs A)'s former home when calculating her liability for residential costs when she was admitted to a care home. The Solicitors also complained about the Council's complaints handling.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the Council's decision to include the value of the Property in their calculation of Mrs A's financial assessment was administratively flawed (upheld); and
- (b) the Council's complaints handling was poor (upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) obtain independent legal advice on Mrs A's case;
- (ii) convene another CRC hearing to reconsider Mrs A's case with reference to independent legal advice;
- (iii) provide evidence of the steps that they have taken to record, track and respond timeously to correspondence from members of the public and their representatives; and
- (iv) review their handling of the Solicitors' initial correspondence and formal complaint. In particular they should review their staff absence procedures and introduce measures to ensure that future staff absences do not unduly impact upon the delivery of service standards set out in the Council's complaints handling procedure.
The Council have accepted the recommendations and will act upon them accordingly.