Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty Archives - Centre for Adults' Social Care - Analysis, Information and Dispute Resolution

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

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

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

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 »

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 / Aidan Miller

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 »

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 / Aidan Miller

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 »

Essex County Council criticised for letting a safeguarding enquiry into a provider’s leaving a person unsupervised in a wheelchair, drift for months

Leave a Comment / How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE Providers' 'Fault', Intro to Ombudsman reports RE Safeguarding, Harm, Deprivation of Liberty, Issues of importance to social care service providers, Providers' Fault LGO, Safeguarding, Harm, Deprivation of Liberty LGO / Aidan Miller

Summary A man complained that the Council’s safeguarding enquiry into an incident where his adult disabled son was injured in respite care was slow, poorly communicated and did not properly reflect the family’s concerns. The protracted process left the family distressed and without confidence in respite care, meaning the parents lost their usual breaks from

Essex County Council criticised for letting a safeguarding enquiry into a provider’s leaving a person unsupervised in a wheelchair, drift for months Read More »

Bromley LBC at fault for delays and poor communication in safeguarding enquiry and charging decisions, post-hospital discharge

Date of decision: 19 January 2026 SummaryA son complained about the Council’s handling of safeguarding enquiries and charging decisions for his mother after her hospital discharge. The Council failed to keep him updated during the safeguarding process, failed to promptly assess and cancel charges, and provided unclear or incomplete explanations. What happenedMs Y was admitted

Bromley LBC at fault for delays and poor communication in safeguarding enquiry and charging decisions, post-hospital discharge Read More »

Suffolk County Council found at fault for poor communication and delay in safeguarding investigation, involving allegations against a power of attorney holder

Leave a Comment / Advocacy LGO, Advocacy, Involvement, Participation, Information rights and Consultation, How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE Advocacy, Involvement, Information sharing and Consultation, Intro to Ombudsman reports RE Safeguarding, Harm, Deprivation of Liberty, Safeguarding, Harm, Deprivation of Liberty LGO / Aidan Miller

Date of decision: 11 November 2025 SummaryA woman (Mrs C), who holds power of attorney for her elderly relative (Mrs E), complained that the Council’s safeguarding investigation into her relative’s home care mishandled serious concerns about medication, diet and an unwanted hospital admission, while also investigating counter-allegations against her, from the care provider, without informing

Suffolk County Council found at fault for poor communication and delay in safeguarding investigation, involving allegations against a power of attorney holder 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 »

North Tyneside MBC delays a carer’s assessment for 7 months and omits to inform a referrer of a safeguarding outcome

Leave a Comment / How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE Safeguarding, Harm, Deprivation of Liberty, Safeguarding, Harm, Deprivation of Liberty LGO / Aidan Miller

Date of decision: 08 December 2025 SummaryA father caring for his disabled adult daughter complained that the Council delayed assessing his needs as a carer and failed to tell him the outcome of a safeguarding enquiry after he reported an incident with her care worker. The delay meant he went without a direct payment for

North Tyneside MBC delays a carer’s assessment for 7 months and omits to inform a referrer of a safeguarding outcome Read More »