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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.

Ombudsman criticises council over allocation of 15-minute care calls

The Local Government and Social Care Ombudsman has criticised Warrington Metropolitan Borough Council after the local authority allocated 15-minate care calls to more than 300 people in the region.

The Ombudsman report suggested that this length of care call was "rarely enough" and went against national guidance stressing they were ‘not usually appropriate’.

In one case, care workers had sometimes stayed for just three minutes, despite the family paying for the full visit.

A family initially complained about the care workers from an agency commissioned by the council not staying for the allocated time when visiting a relative with dementia, and about inaccurate invoices provided to them, the report revealed.

During its investigation into that complaint, the Ombudsman became concerned about the 15-minute care calls the relative was receiving.

After conducting a wider investigation when it appeared other people could be affected by similar issues, the Ombudsman found 313 other people in Warrington had also been receiving these short calls.

The Ombudsman has said that councils need to ensure any care visits they arrange give enough time for care workers to do their job properly.

Michael King, Local Government and Social Care Ombudsman, said: “At the heart of this investigation are people, often vulnerable, who rely on care visits to give them the dignity and quality of life they rightly deserve.

“We are increasingly looking at complaints from a human rights perspective – and councils need to consider the rights of service users to have a private life when commissioning or delivering care.

“Councils also need to make sure that the care they arrange is sufficient to meet people’s needs. When looking at visits which may require care workers to dress, wash or feed a person, 15-minutes is rarely enough.”

To remedy the injustice caused, Warrington has agreed to pay the family £500 for the distress it has been put through.

The Ombudsman has recommended the council to investigate a 10% sample of the people currently receiving 15-minute care calls to see if this is enough to meet their needs.

Should this sample review identify anyone who should not be receiving such calls, the council should carry out a full review of all 313 cases, the report recommended.

A Warrington Borough Council spokesperson said: “We currently contract around 10,500 hours of home-care per week in the community to help people remain independent in their own homes. Around 11% of all home-care packages delivered to people in Warrington are by 15 minute visits, which are usually for safe and well checks and activities that help people to regain and maintain their independence.

“We are confident that our approach is in line with legal requirements and is person-centred, reflecting the feelings and wishes of the person receiving support.

“Nevertheless, we accept the view of the Local Government and Social Care Ombudsman in their public interest report and are complying with the recommendations they have set out. We have already undertaken reviews of people in receipt of 15-minute calls to ensure they are appropriate, and we are planning further work in the next two months which will include independent assessment of our work. We will use the findings from the report and our own assessments to assure current and future service provision meets the required standards.

“We will continue to seek feedback and listen to the views of service users, their families and care providers to ensure high standards of care are delivered.”

Lottie Winson