Ombudsman hits out at failure to give couple personal care budget for two years

It was “wholly unacceptable” for a couple to have to wait more than two years for a personal budget from their local authority, the Local Government Ombudsman has said.

In a report, the LGO said the delays at the Royal Borough of Kingston denied the complainants the chance of a stable family life.

The couple had lived in their own flat until March 2010 when the man’s Multiple Sclerosis symptoms worsened significantly. He went into hospital and social workers agreed that the couple’s home was no longer suitable for his considerable needs.

When the man left hospital in June 2010, the couple moved into temporary accommodation before moving into a specially adapted bungalow in April 2011 on a permanent basis.

The couple applied to Kingston for help and support and requested that they receive their own personal care budget.

According to the LGO, the council did not give the couple their own care budget until November 2012. This was despite the wife repeatedly contacting social workers over a two-year period.

“The couple's distress and uncertainty was compounded by further errors by the council; they were given the wrong housing priority when the man initially left hospital; were wrongly charged council tax on the empty flat they owned for nearly a year; were left without a social worker for more than 12 months and were unexpectedly presented with a bill of around £5,000 in unpaid care charges,” the Ombudsman said.

The LGO recommended in its report that, by way of remedy, Kingston:

• apologise to the couple and their representative for faults identified in the report;
• pay £10,000 to the couple “in recognition of the considerable and avoidable distress and uncertainty caused by its actions over a prolonged period of time and involving several different services”;
• pay £250 to the couple’s representative in recognition of his time and trouble pursuing the complaint;
• apply a ‘Class J’ council tax exemption to the couple’s former home for the period June 2010 to April 2011 and refund the wife all charges and costs paid for this period; and
• review those procedures where fault has been highlighted.

Dr Jane Martin, Local Government Ombudsman, said: “I find it wholly unacceptable that this couple had to wait for more than two years for the personal budget that they initially requested in May 2010. The couple, and their representative, were put under considerable and avoidable distress and uncertainty by the council’s actions.

“I hope that the council can learn from the failings identified in the report and make the changes recommended to ensure that this cannot happen again.”