Providers Fault

When a Council commissions another organisation to provide services on its behalf, it remains responsible for those services and for the actions of the organisation providing them. A Care Home can be well within its rights to terminate a contract, but only in a way consistent with the terms of that contract. All providers to publicly funded clientele in the social care world owe human rights, directly, to the customers, under the Care Act (as to providers to CCGs for continuing NHS health care, but not under the Care Act; simply through the NHS Act).

If the person spends their own money, or has a council funded direct payment instead of a care package of services, the system is that they contract privately with a provider, and are responsible for sorting out their own issues with the standards of service. But in either case they can go to the Ombudsman about a complaint if it is not properly dealt with to a person’s satisfaction.

Generally, if the care is council commissioned, the council is primarily liable for sorting out complaints of inadequacy after one has raised them with the provider, informally; if the council doesn’t do a good job there, one can take it further to the Ombudsman later.

Reports make it clear that issues are not always just the fault of the provider. The LGO has found the Council at fault in cases concerning: providers who provide inadequate care, where often the care does not match up with the care outlined in a person’s care plan or the plan doesn’t match the assessment in the first place; the care provider terminates a person’s contract without sufficient notice but the council does nothing about it; providers fail to provide an adequate response to concerns or complaints and the council does nothing about that either; the provider fails to investigate safeguarding concerns sufficiently and the council does nothing about that, despite being responsible for a proper s42 enquiry; or they charge incorrectly, raising issues surrounding contracts between service users and providers, and who is whose customer at the relevant point in time. The LGO has been seen to refer care homes to the CQC, recommend compensation in cases that involve harm/potential harm, and often provides recommendations for Councils and providers to improve their practice.

Name of CouncilTitle of ReportNumber
Gold Hill/Blossom House (Worcestershire)Worcestershire County Council at fault for inadequately dealing with complaints about the quality of care in a care home it commissioned18 018 809
Hestoncourt LtdHestoncourt Limited at fault for providing inadequate care, and referred to the CQC for potentially falsifying records19 001 354
Cheshire East CouncilCheshire East Council at fault for not having a process for reviewing Do Not Attempt Resuscitation (DNAR) documents in place19 018 012
Country Court Care Homes 2 LTDCare home at fault for terminating residence without notice, and charging incorrectly, the ombudsman finds. 17 015 611
Countrywide Care homes (2) LTDCountrywide Care Home at fault for causing injury, failing to protect dignity and for failing to meet personal care needs 18 019 078
Creative Support LTDCreative Support Limited care provider found at fault for poor quality of care18 016 768
Pendene House Residential Home LimitedPendene House Residential Home Limited caused an injustice after failing to give a proper 28-day eviction notice 18 000 516
The Elms Care Centre, Ibstock
(Leicestershire County Council commissioned care home)
Leicestershire County Council for the quality of care at a home it commissioned and for failing to respond adequately to concerns19 001 489
Careline (Tameside)Tameside Council at fault for failing to carry out a carer’s assessment, and for an inadequate investigation leading to inadequate care 18 011 449
Locala Care (Kirklees)Kirklees Council at fault for the poor quality of care and record keeping evident at an agency it commissioned (Locala HomeCare Limited)18 002 031
Surrey County Commissioned Care HomeSurrey Council at fault in handling of safeguarding procedure and failing to intervene when a care home refused a patient’s return 18 012 625
Surrey County Commissioned Care HomeCherrytrees Care Provider, Surrey County Council and CCG at fault for failing to provide care in line with a young man’s s.117 aftercare plan18 007 431
Sandwell Council Commissioned Care HomeSandwell Council at fault for allowing a person to be charged under a private ongoing contract, entered into wrongfully, without involving the council who had paid the home for respite 19 005 086
Sandwell Council Commissioned Care Homes A and BSandwell Borough Council at fault for placing a person in a care home which could not meet their needs, twice. 19 000 504
South TynesideSouth Tyneside Metropolitan Borough Council at fault for failing to follow assessment guidelines in regards to deafblind clients, failing to backdate direct payments, and failing to investigate restriction of contact imposed by its commissioned care provider15 016 702
TimRowlandJones Commissioned by Bristol CouncilProvider (commissioned by Bristol County Council) at fault for not following emergency procedure and failing to provide care for one night 18 019 660
Inspiration Care LTDInspiration Care Limited at fault for ending its service inconsistently with its service agreement 18 011 402
WakefieldWakefield City Council at fault poor care provided by contractor19 004 546
Goring Care HomesGoring Care Homes at fault for providing unclear and misleading information in its contract and fee notification letter19 020 835
Arrigadeen Nursing HomesArrigadeen Nursing Homes Ltd caused injustice in breaking their contract terms by not providing required notice period before withdrawing21 008 951
BuckinghamshireBuckinghamshire Council and their commissioned care provider at fault for administering excessive medication21 013 987
Kent CountyKent County Council at fault for failing to carry out a panel and appeal process in line with relevant policy and the LGO’s Principles of Good Administrative Practice.20 004 752
Isle of WightIsle of Wight Council at fault for failing to intervene when a person’s condition worsened, and for failing to keep proper care records20 009 512
Four Seasons Care HomeLGO finds that a Care Provider was not at fault for its actions during the end of a person’s life, but was at fault for its communications20 005 651
DurhamDurham County Council at fault for poor care services which placed a person at increased risk of harm.20 001 116
HillingdonLondon Borough of Hillingdon at fault for failing to ensure the only suitable care home had necessary equipment in place and failing to provide timely access to an advocate21 017 949
Lancashire, East Lancashire NHS Trust and Victoria Care HomeFailings found with Lancashire Council, East Lancashire NHS Trust and Victoria Care Home around a mishandled hospital discharge, ignoring the family in care planning, overlooking the need for an appropriate interpreter for assessments and then inadequate continence care, poor record keeping and poor communication by the Care Home21 018 340
City of YorkCity of York at fault for contributing to carer strain, failing to consider direct payments and safeguarding failures 22 005 428
WestminsterWestminster City Council at fault for failing to ensure quality provider services 22 005 399
Bournemouth, Christchurch and PooleBournemouth, Christchurch and Poole Council chose to stop funding a package over a dispute as to the proper legal basis for it without communication21 016 607
EssexEssex County Council responsible for the failure of a commissioned provider to ensure chiropody was available for a resident22 013 530
North YorkshireNorth Yorkshire County Council at fault for an ineffectual safeguarding investigation and the lack of a care plan 22 011 460
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