Agenda item

Report of the Chief Executive. To be introduced by the Cabinet Member for Health, Social Care, and Well-Being.

To consider the report of the Local Government and Social Care Ombudsman (19 020 651) and confirm the actions that the Council has taken or proposes to take, under the requirements of the Local Government Act 1974, section 31(2) (as amended).

The Cabinet Member for Health, Social Care, and Well-Being introduced the report which asked Cabinet to consider the report of the Local Government and Social Care Ombudsman (19 020 651) and confirm the actions that the Council has taken or proposes to take, under the requirements of the Local Government Act 1974, section 31(2) (as amended).

The Cabinet Member described that aids and adaptations can be a complex area but accepted the service had failed to deliver service, as outlined in the report, in a timely manner. Cabinet noted that, as well as putting a plan in place to support this particular family, an action plan had also been put in place for service improvements and work with service users of aids and adaptations, including improving the communications with service users on timings and expectations for completion of aid and adaptations.

In response to questions from Cllr Bevan, Cllr Brabazon, Cllr Cawley- Harrison the following was noted:

-       With regards to having confidence in the improvement plan, the service were redoubling efforts to meet targets and the Cabinet Member and Director were monitoring this on a weekly basis.

-       The Cabinet Member expressed that providing aids and adaptations was a complex and challenging area and noted delays that would have resulted from the pandemic. However, it was accepted that the service was not proactive with communications with residents when there were delays. The improvement plan sought to rectify this with expert advice in this area and would seek views from people in receipt of service. There were workforce capacity issues when considering the specific access needed to occupational therapists and surveyors. The Council were examining re- grading in house surveyors in order to attract further specific skilled staff to this area. The staff were also considering performance management of staff and recognised the need for a sharp focus on responding to resident needs .

-       System of client needs and increased tracking and monitoring to be completed.

-       Working through to improve the links between Children’s and Adult services on aids and adaptations and compiled a list of cases focused on children and families. Paediatric occupational therapy now participating in these assessments . Also children of families would become involved in the decision making to help keep the focus on the family’s needs as well as consideration of technical assessments.

-       The LGO report was published on the 9^th of December and any information shared with the LGO was shared with the Cabinet Member.

-       The Director for Adults and Health was not aware of any other Local Government Ombudsman reports to be published on Haringey complaints, concerning aids and adaptations.

RESOLVED

1.    To accept the findings and recommendations of the Local Government and Social Care Ombudsman (LGSCO) in the report shown at Appendix 1.

2.    To endorse the actions taken by the Council as set out in paragraphs 6.11 to 6.14 of the report.

3.    To adopt the report as the Council’s formal response under s.31 Local Government Act 1974, to be communicated to the Ombudsman.

4.    To adopt the report as the Cabinet’s formal response as required by s5A Local Government and Housing Act, 1989, for distribution to all members and the Monitoring Officer.

Reasons for Decision

The LGSCO report published on 9 December 2021 issued a finding of: Upheld; maladministration and injustice. That Mr X suffered injustice because of fault, under Section 31(2) of the Local Government Act 1974.

The LSGCO identified several areas of fault:

·         Periods of delay between Oct 2016 and Feb 2019. (Not withstanding that the family delayed responding to the Council by 1 year when the request was first made in 2015)

·         Failure to evidence that meaningful support was offered to the family or that they were meticulously kept informed of the status of their application

·         Further delay between Feb 2019 and Sept 2019

·         Failure to install two changing benches in Feb 2019 and poor record keeping about this

·         Failure to evidence proper consideration was given to the family’s request for alternative adaptations.

The LGSCO has recommended the following action be taken:

·         The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended) 87.

In addition to this requirement, the Council should take the following action:

·         Apologise in writing to Mr and Mrs X.

·         Pay Mr and Mrs X £2,000. This is a symbolic payment to acknowledge the significant delay in this case. Mr and Mrs X intend to use it to fund a family holiday for the benefit of Child Y. In deciding on this amount, we considered our Guidance on Remedies.

·         Contact Mr and Mrs X to agree what works remain outstanding. The Council should confirm what has been agreed in writing. These agreed works should be completed within four weeks from the date COVID-19 restrictions have been lifted to the extent that Mr X is comfortable with contractors coming into the family home. The Council has confirmed discussions are taking place with Mr and Mrs X to agree a suitable way forward; and

·         Reflect on the issues raised in this decision statement. The appropriate Service Director should carry out a review and identify any areas of service improvement. The Council should prepare a short report setting out what it intends to do to ensure similar problems do not reoccur, particularly around delay and strip washing.

It should be noted that the Council has already reported back to the Ombudsman in response to a draft version of this report.

Alternative Options Considered

The LGSCO cannot mandate the Council to follow its recommendations, but local authorities do follow them.

If the LGSCO is not satisfied with the Council’s response, they will make a further report explaining this and making recommendations. The LGSCO can also require the Council to make a public statement about the matter.

Therefore, Cabinet could choose on rational grounds to reject any of the recommendations made by the Ombudsman.

However, this alternative is not recommended because the LGSCO recommendations represent an appropriate remedy for the reasons set out above.