The LGO has a new power, with effect from 1/10/10, to investigate complaints about privately-arranged and funded adult social care (in addition to the pre-existing power in relation to complaints about care arranged and funded by local authorities). See their website for details.
The following is an automatically-generated list of the pages in Category:LGO decisions:
- LGO decision: Bath and North East Somerset Council 06/B/16774 (12/12/07) — Duties under s117.
- LGO decision: Poole Borough Council 06/B/7542 (5/9/07) — Duties under s117.
- LGO decision: North Yorkshire County Council 05/C/13158 (24/7/07) — After funding under s117 (top-ups).
- LGO decision: Medway Council 06/B/12248 and Wigan Metropolitan Borough Council 06/B/12247 (29/4/08) — After funding under s117.
- LGO decision: Dorothy 10 013 715  MHLO 190 — "A case where a DoL application was not made promptly and the care home's/council's approach to restrictions placed on the complainant and her mother was flawed." [Summary required.]
- LGO decision: Jones 10 010 739  MHLO 191 — "A case where the DoL decision taken was not the 'least restrictive' option." [Summary required.]
- LGO decision: Kent County Council 11 001 504  MHLO 101 — "In her report concerning the elderly woman's residential care payment, the Ombudsman says: 'The Council’s internal guidance said that staff could only use the Council's own homes, or places it had 'pre-purchased', or community hospitals. The requirement to offer service users a genuine choice of placement when they are assessed as needing residential care is enshrined in law. The guidance did not adhere to these principles.'"
- LGO decision: Kent County Council 10 012 742  MHLO 102A — "In her report concerning services for a young woman with learning disabilities, the Ombudsman says: 'The Council’s failure to complete an assessment before the young woman was 18 caused her the injustice of losing services she was assessed as needing. The support plan that was eventually produced did not include services to meet these needs.' In addition, the Council’s poor communication led to uncertainty, confusion and frustration for the young woman and her family, and she was denied a direct payment and the choice to arrange her own respite care."
- Avon and Wiltshire MH Partnership NHS Trust and Wiltshire Council 09 005 439  MHLO 147 (LGO) — "Citing section 117 of the Mental Health Act, which makes provision for patients who have been compulsorily detained under the Act to receive free aftercare, Miss M complained it was wrong for Mrs M to have funded her own care during the five years she spent as a resident of the care home. The Ombudsmen did not uphold any of Miss M’s complaints. Although they found there was no doubt Mrs M had had a severe and enduring mental illness over many years, they could not conclude that her period of residence in a care home, in the last years of her life, was linked to aftercare arising from compulsory detention in hospital some 15 years earlier. Because Mrs M’s general deterioration could not be definitely attributed to her mental health problems, the Ombudsmen could not therefore conclude that the care home’s fees should have been met from public funds. They also found that, despite some procedural failings, Mrs M did not fail to receive the medical or social care services that she ..→
- Kirklees MBC 11 004 229  MHLO 122 (LGO/PHSO) — Ombudsmen find maladministration in case involving deprivation of liberty. [Summary required.]
- Cambridgeshire County Council 13 016 935  MHLO 9 (LGO) — LGO's summary: "Complaint from a woman that the council moved her husband into a residential home against both his and her wishes. She says she was forced to accept this course of action and the council failed to properly consider her preference of care home. The Ombudsman upheld the complaint and found fault causing injustice. Recommendations: To remedy the injustice caused, we recommend the council (within three months of the date of our report): (1) apologise to the woman for the failures outlined in our report. This apology should accept responsibility for the faults, and acknowledge the impact these had on her. It should also include an assurance that the same faults will not happen again, and explain what steps have been taken to ensure this; (2) set a timetable for refresher training for social care staff on mental capacity assessments, best interests decisions, deprivation of liberty and the role of the Court of Protection and how to advise the public on their rights. This may ..→
- Staffordshire County Council (18 004 809)  MHLO 41 (LGSCO) —
Failure to carry out DOLS assessments LGSCO decision: "The Council has acted with fault in deciding not to assess low and medium priority Deprivation of Liberty Safeguards applications. The Council is also taking too long to deal with urgent applications. This is causing a potential injustice to the thousands of people in its area who are being deprived of their liberty without the proper checks that the restrictions they are subject to are in their best interests." The final sentence of the conclusion states: "[I]t is not acceptable that the only way low and medium priority applications are resolved is because the people involved move away or die."
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- FF413 ..→
Failure to carry out carer's assessment LGSCO's summary of decision: "The Trust and Council were at fault in not carrying out a carer’s assessment and not involving Mrs S during her husband’s period of treatment. There was also fault in record-keeping and delays in responding to the complaint. These failings caused an injustice to Mrs S as she lost the opportunity for additional support and is likely to have suffered additional distress. The Trust and Council have already taken action to address these failings and improve processes. The Trust and Council have agreed to pay Mrs S financial redress and the Trust has agreed to monitor and report on improvements in its complaints handling."
Complaint about community care delay LGSCO's summary: "The Ombudsmen do not consider Derbyshire County Council and Derbyshire Healthcare NHS Foundation Trust delayed providing support for Mrs X’s mental health needs. We have not found fault with the way the Council decided what support she needed. The Ombudsmen consider Derbyshire County Council delayed completing Mr X’s carer assessment and should have considered carrying out an integrated assessment with Mrs X. However, it has remedied the distress Mr X suffered."
Added to LGSCO website on 28/8/19.
There are two pages on the LGSCO website, both containing the same decision, the difference just being the "a" and "b" in the case reference, and the party involved:
Section 117 complaint "(1) Within one month of my final decision, the Council and CCG will: (a) Write to Miss X and Mr Y, acknowledging the fault identified in this decision and offering meaningful apologies; (b) Jointly pay Mr Y £500 for failure to provide support as outlined on his s117 aftercare plan, delayed care planning, loss of opportunity to re-engage him and distress as a result of poor communication around his care plan and eviction; (c) Jointly pay Miss X £150 for poor complaint handling, stress and inconvenience. (2) Within three months of my final decision, the Council and CCG will ensure that Cherrytrees and all other providers acting on their behalf under s117 review their policies and procedures to ensure compliance with the relevant parts of the Code of Practice: Mental Health Act Code 1983, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and the Care Act 2014, in relation to: (a) ..→
Section 117 complaint "Whilst the Trust was acting on behalf of the CCG in carrying out the s117 actions, the CCG is ultimately responsible for s.117 provision, along with the Council. ... The CCG, Trust and the Council should, by 23 December: (a) Write to Mrs B apologising for the impact of the fault in relation to not refunding the care fees relating to the supported living placement. (b) Confirm with Mrs B and refund the supported living fees which have not already been reimbursed. Mrs B may need to provide additional information to the organisations about fees paid as part of this. (c) Write to Miss A and Mrs B personally and apologise for the impact the lack of s.117 planning had on both of them individually due to the length of time Miss A went without adequate support. They should also apologise for the uncertainty caused by not knowing whether the incidents outlined above could have been avoided. (d) Pay Miss A £1500 ..→
Carer's assessment failures LGSCO summary: "The Ombudsmen have upheld Mrs G’s complaint about the way her carer’s assessments were carried out. We have not found fault with the way the Trust, Council and CCG arranged Mr H’s accommodation under s117 of the Mental Health Act or how the Trust communicated with Mrs G and Mr H about this."
Full judgment: No Bailii link (neutral citation is unknown or not applicable)
- LGO decisions🔍 ..→
Complaint not upheld by LGSCO LGSCO summary: "The Ombudsmen found no fault by the Council, Trust or CCG with regards to the care and support they provided to a woman with mental health problems. The Ombudsmen did find fault with a risk assessment the Trust completed. However, we are satisfied this did not have a significant impact on the care the Trust provided."
- A LGSCO page for each public authority: a and b.
Section status and aftercare "Summary: The Ombudsmen find there was fault by a Trust in giving a family incorrect information about a mental health patient’s status. When this came to light it caused the patient’s wife considerable stress which has not yet been fully addressed. The Ombudsmen also find that fault by a Council meant the patient’s wife suffered this stress for too long. The Ombudsmen has recommended small financial payments to act as an acknowledgement of the outstanding injustice."
CASES DATABASE<span class="simple-tooltip simple-tooltip-info" data-simple-tooltip="Not all case pages are part of the database yet. Click a magnifying glass to see ..→
- Health Act 2009 — "An Act to make provision about The NHS Constitution; to make provision about health care (including provision about the National Health Service and health bodies); to make provision for the control of the promotion and sale of tobacco products; to make provision about the investigation of complaints about privately arranged or funded adult social care; and for connected purposes."
- Health Act 2009 (Commencement No. 4) Order 2010 — This Order brings into force Health Act 2009 s35 which inserts a new Part 3A into the Local Government Act 1974. Part 3A establishes a new scheme for the investigation by a Local Commissioner of complaints about adult social care which is privately arranged or privately funded. See Local Government Ombudsman. In force 1/10/10.