Summary
Ms C’s daughter (Miss A) has complex medical needs. In 2011, the council assessed her as requiring 42 nights respite care each year but so far, this had not been provided. As her own health was suffering, and threatening to compromise the care she could give Miss A, Ms C made a formal complaint to the council about their failure to provide Miss A with the respite care she needed.
The council acknowledged that despite their efforts, they had been unable to meet Miss A’s requirements; they said that the resources needed in terms of the availability of a suitable carer, and the specialist knowledge and training required, were in short supply. They had approached a children’s hospice; a local charity with residential care facilities and put funding in place to provide assistance from Ms C’s mother. The council said that although they had had no success, it remained their priority to provide Miss A with the respite care she needed.
We took independent social work advice and found that Miss A’s complex needs made it extremely challenging to provide an appropriate service for her. The council had looked at a number of options which, for reasons outwith their control, had not proved possible. However, with the passage of time, there should have been greater consideration of Miss A’s circumstances and those of her family, a greater recording of the action taken by the council and a more creative and imaginative approach in order to show that they had done everything in their power to satisfy Miss A’s unmet respite care needs. We upheld the complaint.
Redress and Recommendations
The Ombudsman's recommendations are set out below:
What we are asking the Council to do for Ms C:
|
What we found |
What the organisation should do |
Evidence SPSO needs to check that this has happened and the deadline |
|---|---|---|
|
Since 2011, the Council failed unreasonably to provide Miss A with the respite care she needed |
Apologise to Ms C for failing to take all reasonable action to meet Miss A’s care need. The apology should meet the standards set out in the SPSO guidelines on apology available at |
A copy or record of the apology
By: 26 November 2018 |
We are asking the Council to improve the way they do things:
|
What we found |
What should change |
Evidence SPSO needs to check that this has happened and deadline |
|---|---|---|
|
The Council did not do enough nor did they demonstrate fully what they did since 2011; how they reviewed the situation, the different approaches tried; when something failed, a reassessment to produce new, more novel approaches; and, examples of collaborative work. The Council did not demonstrate that they made exhaustive efforts which was what was required in this case |
Children with complex care needs should receive respite care in line with their assessment |
Evidence of a reflective discussion into the circumstances leading to this complaint and the details of any action subsequently taken (bearing in mind the Carers (Scotland) Act 2016).
By: 24 December 2018 |
The Council told us they had already taken action to fix the problem. We will ask them for evidence that this has happened:
| What we found | Outcome needed | What we need to see |
|---|---|---|
|
The previously identified foster carer has confirmed that they are available and is working with the Council to provide respite care for Miss A |
Respite care should be provided for Miss A in terms of her assessment |
An update on the position.
By: 24 January 2019.
If respite care is not in place within this timeframe, details of the Council’s alternative solution |