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.
SPOTLIGHT |
The Local Government and Social Care Ombudsman has criticised Norfolk County Council after a woman was left to care for an elderly vulnerable friend for months before he died while the local authority delayed meeting his care.
According to the LGO, the woman had said she was happy to provide some care for her friend, who had dementia and a number of physical health conditions, but repeatedly told social workers she could not do it alone.
Norfolk assessed the man as needing a significant amount of support, but could not decide how that care should be provided.
“Instead, while it tried to decide on the most cost-effective package for the man, the council failed to provide appropriate care, and relied on the man’s friend to help care for him over and above what she was paid to provide,” the LGO said.
The Ombudsman’s investigation found the council at fault for failing to:
Following the investigation, Norfolk has agreed to:
Michael King, Local Government and Social Care Ombudsman, said: “This man was clearly vulnerable and had numerous assessed care and support needs, yet Norfolk council did not meet them. It initially failed to implement plans that had been agreed, before going on to leave the man without an agreed plan altogether.
“Councils are entitled to weigh up the cost of a proposed care package and to look at more economic options when deciding what to provide. But cost should not be the primary consideration – and councils should not leave people without the care they need while deferring decisions. In this case the council continually questioned the cost of providing the care package in his own home, where he wanted to remain, without proposing suitable alternatives.”
King added: “All this left the man’s friend feeling she had no option but to provide more hours of care for him than she wanted to, or was being paid for, and this placed a significant strain on their relationship.
“I am pleased the council has accepted my recommendations and welcome the steps it has already taken to improve its services.”
Responding to the Ombudsman’s report, Craig Chalmers, Norfolk’s Director of Social Work, said: “Mr Y lived with a complex set of needs, requiring support from both our services and our NHS partners, and he absolutely deserved better in his final years. While we were able to offer residential care, we were not able to provide a care package that met all of Mr Y’s needs. We have written to Ms X to sincerely apologise for the additional stress placed up her during a difficult time, and I have offered to meet with her in person to apologise and assure her that the concerns she highlighted are being addressed.
“We have carried out a number of changes since the failures this report highlights, and continue to ensure the lessons learned are put into practice. These will be considered in full and in public by Cabinet Members over the next few months.”
Norfolk said the Ombudsman’s report would go before its Cabinet in the coming months, together with a report on the actions taken since the case to ensure it does not happen again.