Report of the Local Government Ombudsman

REPORT OF THE DIRECTOR OF LEGAL AND ADMINISTRATIVE SERVICES

MEETING OF THE CITY COUNCIL 3RD NOVEMBER, 2004

            At its meeting on 27th October, 2004, the Cabinet received a report of the Chief Executive, enclosing and commenting upon a report which had been prepared by the Local Government Ombudsman (Case No. 02/C/08690) following her investigation of a complaint that the Council failed to assess a client’s needs properly and to reassess them as recommended by the Social Services Complaints Review Panel.

            The decision of the Cabinet, as set out below, is referred to the City Council for consideration:-

REPORT ISSUED BY THE LOCAL GOVERNMENT OMBUDSMAN

             The Chief Executive reported on and submitted a copy of a report which had been prepared by the Local Government Ombudsman (Case No. 02/C/08690) following her investigation of a complaint that the Council failed to assess a client’s needs properly and to reassess them as recommended by the Social Services Complaints Review Panel.  The Complainant had also claimed that the Council had failed to assess his own needs as his brother’s carer.  The Ombudsman had concluded that the Council’s handling of the case revealed a failure to take consistent action within the framework of the relevant legislation and extensive delay at many stages and that these failures constituted maladministration.  She had concluded that both parties had suffered the injustice of a loss of support for several years and had made a number of recommendations in order to remedy this injustice, including the payment of compensation for loss of service.

              The Executive Director, Social Services stated in the report that the Council regretted that it was for some time unable to find a way to work with and help the brothers concerned and regretted any distress or inconvenience which they may have experienced.  She stated that in the circumstances, it was agreed that compensation payments should be made but she pointed out that the Ombudsman’s recommendations in relation to direct payments could not be implemented as carers could not receive direct payments to purchase services for the person they cared for.  This matter had been raised with the Ombudsman who recognised the difficulty facing the Council and had now requested the Council to consider making direct payments to the client who could in turn appoint the carer to be a nominee who could receive and help the client manage the direct payments.  The Council was currently considering this request.  The Executive Director also drew attention to action which had been taken in response to the issues set out in the Ombudsman’s report.

RESOLVED: That details of the action which has and is being taken on the findings of the Local Government Ombudsman, as set out in the report of the Chief Executive now submitted, be noted and affirmed, including the payment of compensatory awards in this case, amounting to a total of £6,000, in accordance with the recommendations contained in the report by the Local Government Ombudsman.

(NOTE: Copies of the report have been circulated to all Council Members with the Council Summons).