Council sorry for causing elderly couple 'stress'

Stuart ArnoldLocal Democracy Reporting Service
News imageLDRS Partial view of three seated people, showing hands, arms and knees. The man in the middle appears to be elderly and is wearing jeans, a cable knit jumper and holding a small coloured ball in one hand. To his right a younger woman has her hand on his wrist. She is wearing a long grey jumper with the sleeves pushed up. The person in the left, and slightly out of focus, is wearing a dark green jumper and has their hands clasped on their lap.LDRS
The couple's complaint was upheld by the Local Government and Social Care Ombudsman

A council has apologised for causing "stress and anxiety" to an elderly couple.

The pair, named as Mr and Mrs X, had been in dispute with Redcar and Cleveland Council for being "overly restrictive" in terms of its management of direct payments for care allowance.

Mrs X took up matters with the Local Government and Social Care Ombudsman after not being satisfied with the response to an initial complaint, and the watchdog "determined faults causing injustice in certain aspects" of the case.

A council spokesman said it had apologised, put remedies in place and was working to strengthen its procedures.

The Local Democracy Reporting Service said the dispute, which dated back to October 2023, centred around the council's management of direct payments - money paid directly to bank accounts for people entitled to adult social care to arrange and pay for their own support services.

Mrs X was described as the carer for her husband, but was also subject to a carer's assessment of her own.

The council's handling of the matter caused the couple "stress and anxiety" and they took it up with the the ombudsman which launched an investigation.

Claw back

This found the complaint reply or care records for the couple did not demonstrate there was regard to their specific circumstances, when deciding if its hourly rate was sufficient for them to source a personal assistant to meet the husband's needs.

In addition, no evidence was provided to demonstrate the council considered and assessed the expenses Mrs X asked to be covered by direct payments, nor any clear explanations why her requests had been refused.

There was also a failure to establish why an underspend occurred on the couple's direct payment account - with the council saying it would claw back the amount in question, without establishing why it had accrued.

The council was told to issue an apology, pay the couple £500 "in recognition of the uncertainty and avoidable time and trouble caused to them in pursuing this matter"; and agree to allow them to keep the direct payment underspend.

It should also complete a review of its direct payment procedures.

A council spokesman said: "We are taking the learning from this case seriously.

"Work is already under way to strengthen our procedures and ensure they fully reflect legislative requirements and best practice.

"Our priority is to ensure that decision‑making within adult social care is transparent, lawful, and firmly centred on people's needs."

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