How the Mental Capacity Act affects the Care Act

Kent County Council found at fault for retaining a client’s keys and other belongings under its property protection function, despite his regaining of mental capacity   

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Date of decision: 14 August 2025 Summary A client complained about Kent Council’s response when he was admitted to hospital and the handling of his personal belongings, including delays returning them and communicating with him and his representative. The complaint also raised concerns about staff identification during care home visits and lengthy delays in the […]

Kent County Council found at fault for retaining a client’s keys and other belongings under its property protection function, despite his regaining of mental capacity    Read More »

Worcestershire County Council failed to involve a family in incapacity assessments and best interests decision-making

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Date of decision: 24 July 2025 SummaryA man Mr X complained that the Council failed to involve his family when deciding his adult brother with a learning disability could not manage his finances, referring him to an unsuitable third-party service. The man later uncovered financial concerns and struggled to restore his brother’s benefits after the

Worcestershire County Council failed to involve a family in incapacity assessments and best interests decision-making Read More »

Wiltshire Council was not at fault for delaying a vulnerable adult’s move, until a finance deputyship was in place

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Date of decision: 31 August 2025 SummaryA daughter complained that Wiltshire Council delayed moving her mother from a care home after she was assessed as not needing residential care, causing extra care costs because of the difference in the financial assessment rules.  What HappenedIn October 2023, Ms X was admitted to hospital after hallucinations linked

Wiltshire Council was not at fault for delaying a vulnerable adult’s move, until a finance deputyship was in place Read More »

Oldham MBC criticised for failure to inform a relative about safeguarding concerns 

Leave a Comment / Complaints System and the Ombudsmen, Council's Complaint Procedure LGO, How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE 'Fault' in the context of how councils run complaints internally, Intro to Ombudsman reports RE Safeguarding, Harm, Deprivation of Liberty, Safeguarding, Harm, Deprivation of Liberty LGO /

Date of decision: 11 May 2026 SummaryAn individual acting as her late mother’s attorney complained that the Council ran a safeguarding enquiry about her conduct without telling her, kept poor records, failed to liaise properly with the Office of the Public Guardian and then ignored her complaint.  What happenedThe report concerned an elderly woman, Ms

Oldham MBC criticised for failure to inform a relative about safeguarding concerns  Read More »

Enfield criticised for flawed safeguarding decision-making and delay

Leave a Comment / Complaints System and the Ombudsmen, Council's Complaint Procedure LGO, How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE 'Fault' in the context of how councils run complaints internally, Intro to Ombudsman reports RE Safeguarding, Harm, Deprivation of Liberty, Safeguarding, Harm, Deprivation of Liberty LGO /

Date of decision: 11 May 2026 SummaryA father complained that the Council‑commissioned transport staff and police’s handling of his autistic, non‑verbal son during a journey to college caused avoidable distress, and that the Council’s safeguarding response and complaint handling were seriously delayed and inadequate.  What happened Mr C is autistic, non‑verbal and lacks capacity to

Enfield criticised for flawed safeguarding decision-making and delay Read More »

Greenwich Council’s safeguarding and complaint handling failures called out

Leave a Comment / Complaints System and the Ombudsmen, Council's Complaint Procedure LGO, How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE 'Fault' in the context of how councils run complaints internally, Intro to Ombudsman reports RE Safeguarding, Harm, Deprivation of Liberty, Safeguarding, Harm, Deprivation of Liberty LGO /

Date of decision: 23 March 2026 SummaryAn older man receiving home care commissioned by the Council was left without reliable food, medication and scheduled visits, despite a clear care plan setting out his needs. His granddaughter raised repeated safeguarding concerns about neglect, but although the Council later fully substantiated these concerns, its care provider denied

Greenwich Council’s safeguarding and complaint handling failures called out Read More »

Haringey at fault for delaying the cessation of a mentally incapacitated tenant’s lease after taking a year to apply to the Court of Protection and effectively blocking the landlord’s property sale

Leave a Comment / Housing LGO, How housing rights fit in with the Care Act, How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE mental capacity and best interests decision-making, Intro to Ombudsman reports RE the interface between Housing and Care, Mental Capacity LGO /

Date of decision: 12 May 2025 Summary A private landlord complained that the Council took far too long to end the tenancy of a vulnerable adult who had lost capacity, causing significant inconvenience and preventing the landlord from selling the property. The Council’s delay in applying to the Court of Protection did not result in

Haringey at fault for delaying the cessation of a mentally incapacitated tenant’s lease after taking a year to apply to the Court of Protection and effectively blocking the landlord’s property sale Read More »

Somerset Council reprimanded for withdrawing care from a person at home, who held a share of land, the value of which was not readily realisable for payment of her care charges

Leave a Comment / Charging and financial assessment, Charging LGO, How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE charging and financial assessment, Intro to Ombudsman reports RE Safeguarding, Harm, Deprivation of Liberty, Safeguarding, Harm, Deprivation of Liberty LGO /

Date of decision: 12 May 2025 SummaryA daughter complained that the Council wrongly withdrew an elderly woman’s home care package without assessing how her ongoing needs would be met until jointly owned land could be sold. The family lacked any liquid funds or capacity to arrange the sale herself, leaving her care needs unmet and

Somerset Council reprimanded for withdrawing care from a person at home, who held a share of land, the value of which was not readily realisable for payment of her care charges Read More »

Central Bedfordshire Council avoided full investigation, based on the Ombudsman’s agreement with its finding of capacity, regarding a person who had once had deputyship

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Date of decision: 28 April 2026 SummaryAn adult woman with mental health needs and a learning disability had had a long‑standing financial Deputyship in place, which was ended after a community mental health team assessment decided she could manage her own money.  What happenedThe woman, Ms Y, had mental health needs and a learning disability,

Central Bedfordshire Council avoided full investigation, based on the Ombudsman’s agreement with its finding of capacity, regarding a person who had once had deputyship Read More »

Birmingham City Council criticised for leaving a woman without any access to her Personal Expenses Allowance, for want of a deputyship application

Leave a Comment / How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE mental capacity and best interests decision-making, Intro to Ombudsman reports RE Safeguarding, Harm, Deprivation of Liberty, Mental Capacity LGO, Safeguarding, Harm, Deprivation of Liberty LGO /

Date of decision: 08 July 2025 SummaryA vulnerable woman with dementia in residential care had no access to her Personal Expense Allowance from her benefits and pension for nearly four years because Birmingham City Council failed to put even an appointee in place. She relied on staff charity for essentials.  What happenedIn 2020 a woman

Birmingham City Council criticised for leaving a woman without any access to her Personal Expenses Allowance, for want of a deputyship application Read More »