Council removed care transport for disabled adult “without proper consideration”, Ombudsman finds

Following the Ombudsman’s investigation, the council said it will be inviting people to get in touch if they think the council's assessment of their needs has left them unable to access their day centre.

The family behind the original complaint said the council stopped paying for a man’s transport to his day centre when the cost increased.

They said the council did not fully take into account their circumstances before deciding that the man should pay for the travel out of his Personal Independence Payment, because he had a Motability vehicle.

According to the Ombudsman, the family told the council they could not transport the man to the day centre, as the mother did not drive because of her own health concerns, and both parents had caring responsibilities for the man’s grandmother, who lived with them and needed two people to help her.

This meant the family had to find £80 per week to get the man from the day centre, putting strain on their budget.

The Ombudsman investigated and concluded that the council’s transport policy was at fault, for having “blanket directions” that transport would not be funded if the recipient had a Motability car.

The report noted: “This meant the council had no flexibility to take into account people’s individual circumstances when making a decision.”

Additionally, the Ombudsman found flaws in the council’s appeal process, including links to documents that did not work.

To remedy the injustice caused, the council was recommended to:

• apologise to the family and pay them £250 for the uncertainty caused;
• review the man’s needs, and complete carer’s assessments for his parents;
• review parts of its transport policy so it is in line with the Care Act 2014, and provide a notice at local day centres encouraging others who think they may have been affected to contact the council for more information.

According to the Ombudsman, the council agreed to the recommendations.

Amerdeep Clarke, Local Government and Social Care Ombudsman, said: “The council has told us it did not review the family’s circumstances solely to reduce their support, but its notes provide no evidence it asked any questions about services other than transport to the day centre.

“In this case the council failed to look at the man – or his family’s circumstances – holistically, and did not consider alternative options for them, including moving the man to a nearer day centre, or suggesting alternative arrangements for getting him there.

“I am concerned that other people in the county may have been affected by decisions hampered by this restrictive policy, so I have asked the council to highlight this to day centre users.

“I am pleased the council has accepted the recommendations I have made, and has already started to review this family’s situation.”

A West Sussex County Council spokesperson said: “We accept the Ombudsman’s findings. We apologise for how we handled decisions about transport to day support services and for the impact this had on those affected.

“We will implement the recommendations in full. We have apologised and agreed a financial remedy. We are reviewing the individual’s needs, including access to day support services, and we have completed carers’ assessments for family members, where appropriate. If the review shows an eligible need for transport, we will reimburse reasonable travel costs for the relevant period, subject to receipts and our usual care charge rules.

“We have reviewed our transport policy to make sure it does not limit officers’ discretion and prevent applying a blanket approach when making decisions. We have updated our practice guidance, so the policy is applied in line with the Care Act 2014 and statutory guidance, and we have briefed staff on the changes."

The spokesperson added: “Our priority, as set out in our Council Plan, is to keep people safe from vulnerable situations with a focus on supporting people to live independently for longer. We are learning from this case and strengthening our processes to prevent similar issues in future.”

Lottie Winson