Council pays out £13k after failing epileptic mother over care and housing

A London borough has agreed to pay more than £13,000 in compensation after a Local Government Ombudsman report found multiple failures over the care and housing needs of an epileptic mother.

The LGO, Dr Jane Martin, found that Southwark Council failed to put in a care package in place for the family in a reasonable time.

The Ombudsman also concluded that the effect on the woman had been worsened by her recent loss of sight and the difficulties she had as a result in looking after her family.

The mother, who is registered blind, complained to the LGO that Southwark failed to properly assess her and her family’s needs for care services for two-and-a-half years.

She also argued that the local authority failed to provide services between June 2008 and August 2009 and then provided inadequate care for another 14 months.

The complainant accused Southwark of failing properly to deal with her application for homeless assistance. She also claimed it had made an inappropriate offer of a privately-rented flat as a gatekeeping exercise and failed to consider her for either priority in its highest band or a direct offer of an adapted property.

The mother also criticised the council’s Housing, Adults and Children’s Services Department for a failure to communicate and co-operate.

An investigation by the LGO identified a number of failures by Southwark amounting to maladministration causing injustice. These were that:

• “it did not take adequate steps to assess the family and failed to consider whether the complainant’s helpers would continue providing free care, so the complainant had to pay a friend for her care out of her benefits;
• it introduced a night carer in October 2009 after the complainant suffered a serious night seizure, but it should have done so at an earlier stage;
• it should have considered providing interim accommodation at an earlier stage and should have been more rigorous in its enquiries into the complainant’s employment status; and
• its social workers did not correctly understand and apply its policies and procedures on co‑operation between its housing and social services functions.”

Southwark has already implemented a range of procedural improvements to address the issues raised by the investigation. These include in 2009 redrafting its policy for social services referrals to the housing team.

The children’s services department has also introduced changes to reflect the need for greater understanding and partnership working in the area of requests for services for parents with disabilities.

All cross-departmental cases will now be brought to a Joint Resource Panel chaired by a senior manager in the Assessment, Safeguarding and Family Support Services, both at the point of assessment and its conclusion.

The LGO said that, In addition to paying compensation and issuing an apology to the mother, the council would be providing additional training to homelessness staff on taking homeless applications, conducting homeless enquiries and offering interim accommodation, “ensuring that its duties under the Housing Act 1996 are adequately fulfilled”.

The local authority will also review its complaints policies and procedures, “ensuring that it deals with complaints in a timely and appropriate manner”.

Dr Martin said she welcomed Southwark’s positive response to her recommended remedy.