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What now for deprivations of liberty?

What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.

Council to review policy on transition to adult care after Ombudsman criticisms

A London borough has agreed to review its policy on transitions from children's services to adult services after being sharply criticised by the Local Government Ombudsman (LGO) for leaving the parents of a disabled teenager without any support when he turned 18.

The teenager (Y), who lives with his parents (Mr and Mrs X) and younger sister, and who has significant disabilities, had received a care package which included six nights a month at a respite centre and 18 days a year at a holiday club.

However, no arrangements were in place when his care moved from being the responsibility of the London Borough of Bromley’s children’s services to its adult services department when he turned 18 in October 2015.

The Ombudsman said this meant that for more than five months the family “had to manage alone, unsupported, despite telling social workers they could not cope with his needs”.

An assessment carried out in December 2015 suggested the family needed a support package which included 72 days respite a year. The social worker also felt if the family did not receive this level of support they would be looking for a residential placement for their son.

However, rather than offering the family their full care package, an assessment panel concluded they would only be offered 28 days’ respite. No reason was given for this decision, the Ombudsman said.

The LGO’s investigation found fault with the way Bromley delayed carrying out an assessment for the family, and also delayed agreeing the level of support it would offer.

The council has agreed to pay the family a sum equivalent to the cost of missed respite and support between October 2015 and April 2016; this sum will be calculated based on the care package provided by children’s services, which should have continued until adult care services had a package in place.

Bromley has also agreed to pay the family £1,000 in recognition of the significant stress, anxiety and time and trouble they have experienced as a result of the council’s failings.

The council will reassess Y’s and Mrs X’s needs and draw up any support plans needed. The LGO said any decisions, including those made by the funding panel, should be properly reasoned.

“If the reassessments identify a need for an increased level of respite or support to that currently being provided, the council should pay Mr and Mrs X a sum equivalent to the cost of any additional missed provision,” the Ombudsman’s report.

Michael King, Local Government and Social Care Ombudsman, said: “This family fell between the cracks as it moved from one council service to another. They were left without the essential support they needed for more than five months, and without any explanation as to why, when the council decided their previous level would be almost halved.

“While the reasons for these issues stemmed from the transfer between departments, all the family knew was that it missed out on the vital support it needed, and was entitled to receive, to help them cope. There is a clear duty for councils to ensure there are no gaps in care and support by providing services until an adult social care package is in place.

“I am pleased the council has agreed to my recommendations to put things right for the family and review its procedures to help avoid a similar issue happening again.”