Croydon woman fractured spine using bed turning aid after council withdrew funding for night-time care, Ombudsman finds
An investigation by the Local Government and Social Care Ombudsman has found that a disabled woman, who is dependent on care staff to meet her needs, fractured her spine using a bed turning aid installed by the NHS after Croydon Council withdrew funding for her night-time care.
The Ombudsman concluded that while the council and NHS were deciding who should be responsible for the woman’s care package, she was “left without adequate care and support” and was hospitalised on multiple occasions.
The council has since agreed to pay a total of £3,500 to remedy the injustice caused.
The Ombudsman's report notes that the woman, who uses a wheelchair and is dependent on care staff to meet her needs, originally received payments for care staff to help her overnight until January 2022.
After the council withdrew funding for the woman’s night-time care, the NHS instead installed a turning system.
However, the woman only used the system for two nights before injuring her lower back, leaving her in “considerable pain”. A scan later diagnosed her with a fractured spine.
The council decided, after reassessment following the scan, that any overnight care should be paid by the NHS. But she would only receive this funding if she was in a nursing home.
In September 2023, the woman told the local authority she had serious problems with deep pressure sores that were putting her health at risk because she was not being turned overnight.
The woman was admitted to hospital in November 2023, and in January 2024 a professionals' meeting was held which concluded the woman needed turning every three to four hours overnight.
The Ombudsman noted that although the council increased the funding the woman received for day-time care, it “reiterated” that the NHS should fund overnight care.
The woman was again admitted to hospital in April 2024 and complained to the Ombudsman.
Croydon Council told the Ombudsman it had started funding night-time care from August 2024, and “intended to claim the money back from the NHS”.
The Local Government and Social Care Ombudsman, Amerdeep Somal said: “While the council and NHS were deciding who should be responsible for this woman’s care package, she was left without adequate care and support and was hospitalised on multiple occasions.
“If there is any question, once an assessment has been completed, of who is responsible for funding a care package, the person in need of support should never feel the impact of this on their health and welfare. The council should have considered putting in an interim plan while discussions were ongoing with the NHS.
“I am pleased the council eventually came to this conclusion itself, but it should not have taken my intervention for this to happen.”
To remedy the injustice caused, the Ombudsman recommended the council review the woman's direct payment, and agree in writing how she can pay for her care in future.
It also recommended the authority apologise to the woman and pay her £1,000 for the injustice, alongside a “symbolic payment” of £2,500 for the harm she experienced.
The report notes that Croydon has since agreed to the recommendations.
A spokesperson for Croydon Council said: “We are very sorry that we didn’t provide our resident with the care and support that she needed and accept the recommendations from the report. We have apologised and compensated them, and will agree how she can pay for her care in the future, providing support as needed. We are always working to improve our adult social care and we will identify and act upon any learning opportunities from this.”
Lottie Winson
