The rights of carers, in relation to health and social care services and support

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

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Carer LGO, Civil Proceedings, Financial Compensation and Restitution, Intro to Ombudsman reports RE care planning, and personal budgets, Intro to Ombudsman reports RE Restitution, Intro to Ombudsman reports RE the position of informal carers, Restitution LGO, The rights of carers, in relation to health and social care services and support /

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 /

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 »

BNF (by his litigation friend BRX) v Newport City Council

Leave a Comment / Care and Health Law Cases, Care Planning, Budgets and Choice Rights, Due process rights in care planning, Human Rights relevant to Care Planning, The rights of carers, in relation to health and social care services and support /

A successful judicial review of a council’s approach to funding respite The Administrative Court held that Newport City Council was in breach of its duties under the Social Services and Well‑being (Wales) Act 2014 and the Codes of Practice in the way it sought to meet BNF’s respite care needs through direct payments tied to

BNF (by his litigation friend BRX) v Newport City Council 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 /

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 »

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 /

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 »

West Sussex County Council criticised for failing to meet assessed respite needs (in a report which needs much more probing from the ombudsman’s  team, we think)

Leave a Comment / Carer LGO, Intro to Ombudsman reports RE the position of informal carers, The rights of carers, in relation to health and social care services and support /

Date of decision: 06  November 2025 SummaryA woman caring at home for her disabled adult son asked the Council for regular respite breaks but did not receive the ongoing support it accepted she needed. The prolonged lack of respite caused significant strain on her health and wellbeing, and the Ombudsman found avoidable distress and uncertainty

West Sussex County Council criticised for failing to meet assessed respite needs (in a report which needs much more probing from the ombudsman’s  team, we think) Read More »

Wirral MBC found to be acting contrary to the Care Act and established case law with regard to its approach to flat-rate capped support plan budgets for its carers

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Carer LGO, Intro to Ombudsman reports RE care planning, and personal budgets, Intro to Ombudsman reports RE the position of informal carers, The rights of carers, in relation to health and social care services and support /

Summary Wirral MBC was found at fault for applying a blanket policy of offering all carers with eligible needs a one-off direct payment of £300 (maximum £400 in exceptional circumstances), irrespective of what their individual carer’s assessment actually showed they needed, or the ways in which they were being impacted significantly upon, by their inabilities

Wirral MBC found to be acting contrary to the Care Act and established case law with regard to its approach to flat-rate capped support plan budgets for its carers Read More »

Newcastle City Council praised for its attention to the law on taking resources into account, in a scenario where the cost of supporting the carer to keep going would likely have resulted in an offer of a care home placement ONLY

Leave a Comment / Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Carer LGO, Direct Payments and Personal Health Budgets, Direct Payments 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 Direct Payments, Intro to Ombudsman reports RE Not at Fault, Intro to Ombudsman reports RE the position of informal carers, Not at Fault LGO, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, The rights of carers, in relation to health and social care services and support /

Date of decision: 15 December 2025 SummaryA woman with dementia received a substantial home care package funded by the Council alongside extensive informal care from her daughter, who was also a paid personal assistant via direct payments for some of the input. The daughter complained that the Council should fund 24‑hour live‑in care at home,

Newcastle City Council praised for its attention to the law on taking resources into account, in a scenario where the cost of supporting the carer to keep going would likely have resulted in an offer of a care home placement ONLY Read More »

Tower Hamlets’ finding of non-eligibility upheld in a scenario where a disabled person was also a carer with some respite hours for support to the cared-for person

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 Not at Fault, Intro to Ombudsman reports RE the position of informal carers, Not at Fault LGO, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, The rights of carers, in relation to health and social care services and support /

Date of decision: 07 October 2025 Summary An individual complained after the Council refused a home care package, claiming it relied on inaccurate occupational therapy assessments and misread her medical evidence. She said this left her unsupported, causing distress and health impacts.  What happened The complainant, born with a complex heart condition leading to fatigue

Tower Hamlets’ finding of non-eligibility upheld in a scenario where a disabled person was also a carer with some respite hours for support to the cared-for person Read More »

Barking & Dagenham found at fault for an unlawful reduction of care hours and failure to disregard disability‑related expenditure 

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Carer LGO, Charging and financial assessment, Charging LGO, Failings to Assess, Reassess, Review LGO, Intro to Ombudsman reports RE care planning, and personal budgets, Intro to Ombudsman reports RE charging and financial assessment, Intro to Ombudsman reports RE Failings to Assess, Reassess, Review, Intro to Ombudsman reports RE the position of informal carers, Reviews and Revisions (cuts or changes to content), The rights of carers, in relation to health and social care services and support /

Date of decision: 09 January 2026 SummaryA father complained on behalf of his adult son that the Council wrongly reduced the son’s funded care package from 35 to 20 hours weekly without adequate explanation and failed to treat privately arranged weekend care as a disability-related expense, leading to unaffordable contributions. The Council also delayed a

Barking & Dagenham found at fault for an unlawful reduction of care hours and failure to disregard disability‑related expenditure  Read More »