Date of decision: 01 Apr 2025
Summary
A family complained that Somerset Council failed to assess promptly and support their adult son, Mr Y, who has a neurodevelopmental condition. The repeated changes to allocated social workers over nearly two years led to substantial delays in conducting assessments and providing necessary services, resulting in distress and unmet needs for the individual and the family.
What happened
In March 2023, a referral was made to Adult Social Care Services by the parents for their son, Mr Y. Mrs X had reported to the Police that they had found indecent images on Mr Y’s laptop and they felt they needed more support with ongoing difficulties in looking after Mr Y. She requested a re-assessment under the Care Act.
The Council allocated a social worker at the end of May 2023, with the first home visit in July 2023. The social worker recommended additional support and therapy including a male personal assistant, input from a qualified therapist, and a trial period at a respite placement. In August 2023, the social worker confirmed a referral was being made for a male personal assistant and said they were exploring funding for therapeutic support.
In September 2023, the family and Mr X in particular reiterated their concerns about lack of support since March. The social worker advised that a Care Act re-assessment was needed, and other professionals recommended a risk assessment and Mental Capacity Assessment.
In November 2023, the social worker left without notice to Mr Y’s parents. The Council allocated a new social worker but then allocated a different social worker 5 days later as it considered Mr Y needed a male social worker.
The Council then allocated several new social workers to Mr Y (seven in total) as they kept leaving, up to January 2025, leading to further delays and confusion.
Between December 2023 and February 2024, newly allocated social workers carried out four home visits and completed a Care Act Assessment, identifying various eligible care and support needs including nutrition, personal hygiene, clothing, home environment, personal relationships, accessing work, and using community services.
Despite this, the Care and Support Plan was not finalised, and an incomplete plan was sent to the family in September 2024. No Mental Capacity Assessment or risk assessment had been carried out, and a therapist had not been commissioned. Mr X escalated the complaint and the Council accepted that the case had suffered from poor continuity due to high staff turnover and agreed to revisit the therapeutic support and risk assessment. Despite allocating TWO social workers to co-work on Mr Y’s care package, by January 2025, the Council had still not commissioned a therapist nor completed a Mental Capacity Assessment nor a risk assessment, and continued to rotate social workers.
What was found
The Ombudsman found the Council at fault for failing to carry out the Care Act Assessment within a reasonable timescale, (taking over a year to start); not finalising the Care and Support Plan once Mr Y’s needs were identified, and not completing a Mental Capacity Assessment or risk assessment despite clear indications of need. The repeated changes in social workers had caused the case to drift, resulting in significant distress, frustration, and unmet needs for Mr Y and his family.
The Ombudsman recommended the Council apologise and make payments of £300 to Mr Y and £200 to his father, for distress, and that the Council complete the outstanding assessments and plan within two months, and develop an action plan to improve handovers between social workers and ensure continuity of care when reallocating cases to new social workers.
Points to note for councils, professionals, people using services and their carers, advocacy groups and members of the public
Sections 9 and 10 of the Care Act 2014 require councils to carry out an assessment for any adult with an appearance of need for care and support, regardless of finances or whether the council thinks the person has eligible needs. The assessment must consider the adult’s needs and their impact on wellbeing, involve the individual and their carers, and be completed within a reasonable timescale. Where eligible needs are identified, councils must provide a care and support plan, including a personal budget, and involve carers in its preparation.
Councils also have a duty to assess capacity, following the Mental Capacity Act 2005, where that is relevant to a decision about a care plan or to some other aspect of intervention under the Act, such as refusal of assessment.
The repeated allocation of new social workers without effective handover created significant delays and risk for this man. Without any system for managing handover, it is poor practice and contrary to principles of effective care coordination. Workforce difficulties are not relevant in legal terms to the function of meeting need, nor a defence to legal action in public law proceedings, for unconscionable delay.
Councils must ensure continuity of care and clear communication to avoid such failures in the future.
Please use the following link if you want to read the original Local Government and Social Care Ombudsman’s Somerset Council (24 004 911) report.
If you are affected by the issues in this report, please consider asking a free, one-off question, anonymously, at a level of principle, here. Our experts’ response will give you an opinion which may then help you and the broader community, when posted.
Did you enjoy this analysis? Want to stay informed with our weekly Alert Service?
Then do click here to find out how you can receive the latest insights from experts and commentators and stay updated on key judicial decisions, ombudsmen’s reports, and critical law and policy changes, all for just £50 per YEAR and sent straight to your inbox or WhatsApp!