Assessment and Eligibility Archives - Centre for Adults' Social Care - Analysis, Information and Dispute Resolution

North Northamptonshire Council castigated for leaving a person without their community support hours, for want of capacity in the market, effectively forcing free labour out of a relative who was already a paid carer

Date of decision: 30 May 2026 Summary The complaint concerned an adult man with learning disabilities, whose eligible care and support needs included 40 hours a week of funded community support to access social, recreational and leisure activities, in addition to direct payments for care at home. When the Council switched his community support from […]

North Northamptonshire Council castigated for leaving a person without their community support hours, for want of capacity in the market, effectively forcing free labour out of a relative who was already a paid carer Read More »

Staffordshire County Council criticised for fault in its approach to funding respite care through Direct Payments

Leave a Comment / Carer LGO, Direct Payments and Personal Health Budgets, Direct Payments LGO, Intro to Ombudsman reports RE Direct Payments, Intro to Ombudsman reports RE the position of informal carers, The rights of carers, in relation to health and social care services and support / Aidan Miller

Date of decision: 07 May 2026 SummaryA mother informally supporting her son with learning disabilities complained that he had been without funded respite care since May 2025. This followed the Council’s refusal to allow flexible use of his direct payment to fund a more expensive respite option for fewer nights. What happenedMr Y, an adult

Staffordshire County Council criticised for fault in its approach to funding respite care through Direct Payments Read More »

West Sussex County Council delays carrying out review and implementing reduction in support

Leave a Comment / Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Delay and non-commissioning, Delay In General LGO, Eligibility Findings LGO, Intro to Ombudsman reports RE care planning, and personal budgets, Intro to Ombudsman reports RE Councils' identification of needs and eligibility for funding or services, Intro to Ombudsman reports RE Delay in General / Aidan Miller

Date of decision: 27 November 2025 SummaryA disabled married couple with significant, 24‑hour care needs challenged the Council’s move from two night carers to one, arguing their safety could not be guaranteed. The Ombudsman found the Council had taken far too long to review and change their care, causing prolonged distress and uncertainty, but did

West Sussex County Council delays carrying out review and implementing reduction in support Read More »

Coventry City Council found at fault for poor communication during a Care Act assessment of a person with mental health needs and dependency on her partner

Leave a Comment / Assessment and Eligibility, Carer LGO, Eligibility Findings LGO, Intro to Ombudsman reports RE Councils' identification of needs and eligibility for funding or services, Intro to Ombudsman reports RE the position of informal carers, The rights of carers, in relation to health and social care services and support / Aidan Miller

Date of decision: 18 March 2026 SummaryAn adult woman with physical and mental health conditions asked the Council for a Care Act assessment and a substantial personal assistant package but instead experienced a lengthy, confusing process and unclear messages about what support she could expect. The Ombudsman found the Council’s poor communication, especially about the

Coventry City Council found at fault for poor communication during a Care Act assessment of a person with mental health needs and dependency on her partner Read More »

Warwickshire County Council not at fault in its needs assessment on Care Act paperwork, when offering ‘enablement’ only for a mentally ill man, living with ASD, s117 status and formal Care Act eligibility

Leave a Comment / Assessment and Eligibility, Eligibility Findings LGO, How the Care Act fits in with the Mental Health Act (and s117 aftercare), Intro to Ombudsman reports RE Councils' identification of needs and eligibility for funding or services, Intro to Ombudsman reports RE the interface between Care Act rights and the Mental Health Act, Mental Health Act LGO / Aidan Miller

Date of decision: 25 March 2026 SummaryAn adult man with autism and a mental health condition complained that the Council’s February 2025 assessment did not properly assess his needs under the Care Act 2014 and failed to give him the practical support he needed, instead directing him to a short‑term ‘enablement’ service. He said the

Warwickshire County Council not at fault in its needs assessment on Care Act paperwork, when offering ‘enablement’ only for a mentally ill man, living with ASD, s117 status and formal Care Act eligibility Read More »

Kirklees MBC called out for failure to comply with advocacy functions and assuming a family remained willing to care, leading to a flawed decision about eligibility

Leave a Comment / Assessment and Eligibility, Delay and non-commissioning, Delay In General LGO, Eligibility Findings LGO, Failings to Assess, Reassess, Review LGO, Intro to Ombudsman reports RE Councils' identification of needs and eligibility for funding or services, Intro to Ombudsman reports RE Delay in General, Intro to Ombudsman reports RE Failings to Assess, Reassess, Review, Reviews and Revisions (cuts or changes to content) / Aidan Miller

Date of decision: 25 March 2026 SummaryA disabled man with learning, developmental and physical health needs lost his care package, was re-assessed without proper advocacy or language support for his mother, and wrongly found ineligible for services. The Council then delayed almost a year in reassessing him and a further five months in restarting his

Kirklees MBC called out for failure to comply with advocacy functions and assuming a family remained willing to care, leading to a flawed decision about eligibility Read More »

West Northamptonshire Council exonerated for conscientiously refusing to fund care from a person’s relatives living in the same household, due to safety concerns

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Carer LGO, Direct Payments and Personal Health Budgets, Direct Payments LGO, How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE care planning, and personal budgets, Intro to Ombudsman reports RE Direct Payments, Intro to Ombudsman reports RE mental capacity and best interests decision-making, Intro to Ombudsman reports RE the position of informal carers, Mental Capacity LGO, The rights of carers, in relation to health and social care services and support / Aidan Miller

Date of decision: 16 March 2026 Summary A disabled young man’s mother complained that the Council failed to implement an agreed 70‑hour weekly care package after her son transitioned to Adult Social Care, and refused to fund her, her husband and her son’s uncle as Personal Assistants. The Ombudsman found no fault in the Council’s

West Northamptonshire Council exonerated for conscientiously refusing to fund care from a person’s relatives living in the same household, due to safety concerns Read More »

Surrey County Council criticised for operation of a hospital discharge pathway system

Leave a Comment / Advocacy LGO, Advocacy, Involvement, Participation, Information rights and Consultation, Assessment and Eligibility, Eligibility Findings LGO, Hospital LGO, How NHS services and Continuing NHS Health Care fit in with the Care Act, Intro to Ombudsman reports RE Advocacy, Involvement, Information sharing and Consultation, Intro to Ombudsman reports RE Councils' identification of needs and eligibility for funding or services, Intro to Ombudsman reports RE Hospital and CHC / Aidan Miller

Date of decision: 05 February 2026 SummaryA daughter complained that the Council did not fund her elderly father’s first six weeks in a nursing home under the Discharge to Assess pathway after hospital discharge, then handled her concerns about eligibility and charging with confusing, contradictory explanations. The Council’s own records alternated between describing the placement

Surrey County Council criticised for operation of a hospital discharge pathway system Read More »

Ombudsman finds Nottinghamshire CC at fault for poor communication preventing a woman with capacity from leaving a care home to live with her daughter, causing delay and unnecessary fees

Leave a Comment / Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Eligibility Findings LGO, How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE care planning, and personal budgets, Intro to Ombudsman reports RE Councils' identification of needs and eligibility for funding or services, Intro to Ombudsman reports RE Safeguarding, Harm, Deprivation of Liberty, Safeguarding, Harm, Deprivation of Liberty LGO / Aidan Miller

Date of decision: 15 May 2025 Summary A daughter complained about the Council delaying her late mother’s move from a respite care home when she had been on Fast Track CHC to live with her in another council’s area. Poor communication about what it would be prudent to organise and advance, left the mother stuck

Ombudsman finds Nottinghamshire CC at fault for poor communication preventing a woman with capacity from leaving a care home to live with her daughter, causing delay and unnecessary fees Read More »