The Ombudsman's final decision
Summary: Mr X complains about the lack of support from the Council while he was caring for his great aunt, especially during the COVID-19 pandemic period. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X by the faults accepted and partially accepted.
The complaint
Mr X complains about the lack of support from the Council while he was caring for his great aunt, especially during the COVID-19 pandemic period.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council investigated Mr X’s complaints and upheld, or partially upheld, some of his complaints. These included: Mr X having to pay for his great aunt’s sundries while her finances were frozen, lack of support from the social worker during the mental capacity assessment process, Mr X being placed under process by the process of obtaining deputyship, and that Mr X felt no one was listening to him.
Therefore, this suggests the Council accepts Mr X did not receive the level of support he should have while he was caring for his great aunt and during the period he was apply for Deputyship. I consider this would likely have caused Mr X some distress and anxiety.
While the Council accepted fault, or partial fault, it did not offer Mr X any personal remedy to recognise the injustice caused by the faults. We therefore asked the Council to consider remedying the injustice by paying Mr X £300.
Agreed action
To its credit, the Council has agreed to resolve the complaint and will complete the above within four weeks of the final decision.
Final decision
We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X by the faults accepted and partially accepted.
Investigator's decision on behalf of the Ombudsman