Council agrees to take steps to improve understanding among officers of Care Act 2014 duties

Durham Council has agreed to identify the action it will take to ensure officers understand the local authority’s duties under the Care Act 2014, following a Local Government and Social Care Ombudsman investigation into the council’s failure to meet the needs of a woman with care and support needs who lives in a remote area.

The complainant, Mrs X, lives 15 miles from the nearest town and has a condition which affects her mobility. She lives with her husband who works long shifts, so is often not around to provide support.

Mrs X complained the council had failed to provide her with the care and support it had assessed her as needing, causing her distress and putting unreasonable pressure on her husband.

The Ombudsman concluded that the council was at fault as:

• it failed to review Mrs X’s care and support plan to make sure her personal budget was enough to meet her needs:
• left her with little choice but to accept direct payments which she did not want;
• had failed to meet all her needs since February 2023;
• did not complete her June 2022 care and support plan properly; and
• failed to give due regard to her rights under the Human Rights Act 1998 when responding to her complaint.

Durham has agreed to:

• write to Mrs X apologising for the failure to meet all her needs since February 2023 and forcing her to accept direct payments when she did not want them;
• pay her £1,000 for the distress it has caused her; and
• review her care and support plan with Mrs X to ensure her personal budget is enough to meet all her needs and commissions all the care and support it has assessed her as needing.

Durham has also agreed to take steps to ensure officers understand the council’s duties under the Care Act 2014 to:

• meet people’s eligible care needs;
• increase personal budgets when a cheaper solution cannot be found;
• only provide direct payments if people request them;
• produce care and support plans which meet the requirements of the Care and Support Statutory Guidance; and
• take account of people’s rights under the Human Rights Act 1998 when responding to complaints.

Commenting on the investigation, Lee Alexander, Durham County Council’s head of adult care, said: “We have written to the resident to sincerely apologise. We will act swiftly to implement all the actions identified and will update the Ombudsman on the steps taken.”