Ombudsman finds fault with council for delays in addressing an earlier complaint

The Local Government and Social Care Ombudsman has once again found fault with the county council in the case concerning a woman known as “Ms X”.

The woman, who has not been publicly identified, said the council had failed to complete the actions it agreed to take after her earlier complaint, which related to care provision.

The ombudsman’s latest findings were brought to the county council’s audit and standards committee for consideration.

A report to Monday’s meeting said: “This lady was the subject of previous recommendations from the LGSCO after delays in completing a Care Act assessment last autumn. Two recommendations, that were accepted, were that the chief executive would write to apologise for the distress caused and provide compensation of £500.

“The apology and payment were made through MPFT (Midlands Partnership Foundation Trust) but unfortunately were delayed, which resulted in a further complaint and the current report.

“The council has been at odds with the ombudsman over this case: whilst we acknowledge that there were some failings with the initial assessment and the delays in apology and compensation, the citizen has been very difficult to engage despite best efforts both directly and through MPFT.”

Ms X told the ombudsman that earlier this year she had received the “personal file for another person, which included very sensitive information”, instead of a self-assessment form.

The ombudsman’s report stated: “She said there was a letter from the ASWP (Advanced Social Work Practitioner) saying she had enclosed a self-assessment. But it only contained one page with her personal details saying she lives alone.

“She said she felt vulnerable and concerned that she could be burgled, as the council could have shared her personal details with someone else. She said she had received calls from someone who would hang up before speaking and a car had been stopping by her home.

“Ms X said she wanted the council to deliver the apologies from her two previous complaints and to pay further financial redress for the distress it was causing her.”

Following the latest investigation the ombudsman found the council at fault for failing to send the apology or payment within the agreed timescale. And the authority’s response to service improvements was described as “inadequate”.

The ombudsman’s report stated: “It does not address the specific issues raised and does not take account of the fact responsibilities are shared between the council and the trust. Ms X’s initial problems arose when the council did not accept the trust’s proposals for a personal budget and care and support plan.

“Although the trust had identified eligible care needs, Ms X was left without any support at all.”

But in relation to the care and support plan and the sharing of someone else’s personal data the council was not found to be at fault in the latest investigation.

The report stated: “The trust completed a care and support plan and discussed it with (Ms X) . It was her choice to complete a self-assessment form before agreeing the care and support plan.

“The council has confirmed it will implement the care and support plan and backdate payments if Ms X agrees to this.

“Ms X has not provided evidence that she received someone else’s personal data. Similarly, the trust cannot be expected to take more action unless Ms X returns the personal data.

“If she does this and it confirms what she has said, the council needs to send a further apology and pay financial redress for the distress caused by receiving disturbing information about someone else and by the possibility that her personal data could have been shared with someone else.”

The ombudsman has recommended the council pay Ms X a further £500 for the distress caused and the trouble she has been put to, as well as apologise within four weeks. If she returns the personal data about someone else and it confirms what she has said the council has been advised to pay an extra £250 and issue a further apology.