The Local Government Ombudsman has condemned a London council for its behaviour towards two brothers with autism.
The Ombudsman found that Lewisham Council reduced the boys’ care and support packages without telling their mother their reason.
Ombudsman Michael King: ”Councils should follow simple good practice“ over decisions they make
When the mother complained, the council failed to take her complaint through the statutory children’s complaint procedure.
Further eight-month delay
Even after the Ombudsman became involved, the council delayed dealing with the complaint by a further eight months.
The boys have other special educational needs as well as autism. Lewisham initially provided a care package for them that included seven hours a week of short-break payments. It also provided 24 nights a year of respite accommodation.
The council reviewed both boys’ packages without giving the mother the chance to comment. It then took the report straight to its Care Package Panel.
Council cuts
The council decided the younger boy did not need respite accommodation. It also reduced his direct payments from seven hours a week to four.
In addition, the council cut the older boy’s stays at respite accommodation by half.
The mother complained to the council, but it took a number of months to inform her of the outcome. Even after the Ombudsman became involved, the council took eight months to consider the complaint through its proper procedure.
Ombudsman’s view
Michael King, the Local Government and Social Care Ombudsman, said: “In this case the children’s situation had not changed, but Lewisham council reduced the level of care it provided.
“The mother has been left upset about not knowing why their support was reduced, or having any kind of input into its review.
“The statutory children’s complaints procedure is there to protect vulnerable children and young people and has been operational for more than 10 years.
“Councils should know by now how to identify a children’s services complaint and use the correct process.
“However, regardless of which statutory procedure is used, councils should follow simple good practice: involve people in decisions which affect them, and respond promptly to concerns.”
Role to remedy injustice
The Local Government and Social Care Ombudsman’s role is to remedy injustice and share learning from investigations. The aim is to improve local public services and adult social care provision.
In this case, the Ombudsman said Lewisham Council should apologise to the mother for the time taken to deal with her complaint. The council should pay her £400 for the avoidable distress caused and a further £150 for her time and trouble in pursuing the complaint.
The Ombudsman said Lewisham should also approach the respite provider to clarify whether the second son would have been offered a place had his name remained on the waiting list. It should then arrange for him to receive two overnight stays for each month missed over the next 12 months.
The council should, in addition, improve its Care Panel decision-making process. It should also review its procedures for identifying and dealing with complaints involving children and young people to ensure it meets its statutory duties.
Related:
- Parents urged to fight for therapy
- Council accused of ruining kids’ lives
- Parents fight council’s respite cuts
- High Court slams ‘deficient’ council
- Caravans may replace respite centres
- Children’s social care ‘in crisis’
Published: 30 September 2017
