Integration and Identifying the Liable Authority LGO

Birmingham City Council’s failings regarding top-up process reveals a range of potential illegalities and errors of law

Date of decision: 28 May 2026 SummaryA woman was discharged from hospital into a residential care home after a stroke, needing double hoisting, with the Council arranging and funding the placement under the Care Act. The home chosen by the family charged more than the Council’s “usual” rate, and instead of ensuring at least one […]

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Portsmouth City Council found at fault for failing to conduct a financial assessment after an NHS Continuing Healthcare decision, leaving a resident with unexpected care fees 

Date of decision: 14 July 2025 SummaryPortsmouth City Council failed to notify Mrs X when she became responsible for funding her own care, causing personal distress, uncertainty, and unforeseen debt. The complaint highlighted a procedural lapse by the Council as it completely failed to do a financial assessment. What happenedIn early 2023, after a hospital

Portsmouth City Council found at fault for failing to conduct a financial assessment after an NHS Continuing Healthcare decision, leaving a resident with unexpected care fees  Read More »

No fault found in Surrey County Council’s decision not to provide residential care, following hospital discharge 

Date of decision: 28 Oct 2025 SummaryA man complained that Surrey Council delayed the discharge from hospital for an emergency leg amputation, of his mother, by refusing to fund a residential care home placement and instead proposing community-based options with a care package. The woman wished to move into a care home. However, following assessments

No fault found in Surrey County Council’s decision not to provide residential care, following hospital discharge  Read More »

The ICB’s input to my son’s joint Section 75 funding has been removed on review despite the process and documentation showing that there has been no change in his health related needs. The reason given was ‘There is no primary health need and none of his needs are outside the remit of social care’. I have been told by the Social Worker involved that the decision is final and there is no route of appeal. It seems to me that they have just trotted out a standard CHC assessment response which does not evidence that his needs have reduced or changed to the extent that there is no longer a primary health need etc. If I don’t have reasoned reasons for their decision I am unable potentially to challenge. How should I be approaching this, please?

Section 75 funding is NOT where ‘CHC’ money comes from. So any reference to primary health need as a justification from withdrawing from a shared care arrangement is an error of law on the part of the ICB and instantly recognisable as such. CHC money – which does turn on primary health need – can’t

The ICB’s input to my son’s joint Section 75 funding has been removed on review despite the process and documentation showing that there has been no change in his health related needs. The reason given was ‘There is no primary health need and none of his needs are outside the remit of social care’. I have been told by the Social Worker involved that the decision is final and there is no route of appeal. It seems to me that they have just trotted out a standard CHC assessment response which does not evidence that his needs have reduced or changed to the extent that there is no longer a primary health need etc. If I don’t have reasoned reasons for their decision I am unable potentially to challenge. How should I be approaching this, please? Read More »

Bromley Council (acting as commissioning manager on a joint equipment contract) found to have ‘done enough’ despite significant impact from delay by the supplier in an end of life / Fast Track context

Date of decision: 27 March 2025 Summary The Ombudsman investigated failures by a company called NRS Healthcare to deliver essential equipment promptly to a terminally ill woman, resulting in significant distress and frustration for her and her husband. The case highlights the impact of delayed community equipment provision on individuals at the end of life.

Bromley Council (acting as commissioning manager on a joint equipment contract) found to have ‘done enough’ despite significant impact from delay by the supplier in an end of life / Fast Track context Read More »

Kirklees MBC at fault for failing to advise a service user about the likely costs of care

Decision Date: 16 Sep 2024 Summary The Council failed to complete an assessment in the allocated time which led to a man being left in a Discharge to Assess placement that was unsuitable for his needs. This meant that as he was, by the time the 4 week D2A period of free care had ended,

Kirklees MBC at fault for failing to advise a service user about the likely costs of care Read More »

Devon County Council found to be at fault for delay caused by arrangements for accessing OT input from an NHS Trust, preventing the implementation of the plan in a timely manner

Decision Date: 20th August 2024 Summary The Council was found at fault for delaying the response to a complaint, in the context of the complainant being led to expect a service from the integrated care service’s OT service, some 4 months after her assessment. The clearly identified need was for access to the OT service

Devon County Council found to be at fault for delay caused by arrangements for accessing OT input from an NHS Trust, preventing the implementation of the plan in a timely manner Read More »

Bradford MDC criticised for delay in the context of financial assessment but also for failure properly to consider a person’s likely eligibility for CHC consideration and thus failing to refer him to the ICB

Decision Date: 27 August 2024 Summary The Council was found at fault for delaying completion of a financial assessment of Mr F and providing information about the charges and not mentioning the CHC scheme for those with a primary health need.  What happened Mr F had been unwell with some severe health conditions for several

Bradford MDC criticised for delay in the context of financial assessment but also for failure properly to consider a person’s likely eligibility for CHC consideration and thus failing to refer him to the ICB Read More »

Hillingdon Council involved in a hospital discharge process in which inadequate information was given about charges (or status under any legislation)  

Decision Date: 17 June 2024 Summary A hospital discharge of an elderly man went wrong with regard to the charges levied, due to insufficient information.   Mr X received free NHS care at home for 2 days when he left hospital but found later that he was being charged for care without agreement or any

Hillingdon Council involved in a hospital discharge process in which inadequate information was given about charges (or status under any legislation)   Read More »

Oldham Council found at fault for the actions of its commissioned community equipment service and supplier

Decision Date:   5 June 2024 Summary: Poor procedures, delays and communication by the organisations commissioned by a Council to provide community equipment services were investigated. Delays in replacing and repairing equipment, poor communication, a lack of proactivity in resolving issues, as well as a failure to promote choice in care planning, were all characterised as

Oldham Council found at fault for the actions of its commissioned community equipment service and supplier Read More »