CHAPTER 28
Ombudsman
Cases
28.8Investigation into Complaint Nos 97/0177 and 97/0755 against the former Clwyd CC and Conwy County BC (1997–8) 1 CCLR 546 A social services authority is required to provide after-care services under Mental Health Act 1983 s117 free of charge, from hospital discharge until it as a social services authority is satisfied that there is no longer any need of such services
28.9Investigation into Complaint No 97/A/2959 against Hackney LBC (1999) 2 CCLR 67 About 22 months’ delay in re-assessing the needs of person with learning difficulties remaining in a day centre that had been re-designated for persons with physical difficulties was maladministration, as was a failure to carry out risk assessments, complete a care plan, follow a Social Services Complaints Review Panel recommendation to review meal charges and to communicate effectively with the persons’ parents: compensation of £1,500 was recommended
28.10Investigation into Complaint No 96/C/4315 against Liverpool CC (1999) 2 CCLR 129 It is maladministration to set a limit of £100 per week (equivalent to the cost of residential care) on the cost of domiciliary services, when such services replace nursing home care costing about £190 per week
28.11Investigation into Complaint No 97/A/2870 against Newham LBC (2000) 3 CCLR 47 In the case of a mentally disordered person particularly vulnerable to noise nuisance it was maladministration when the council failed to take adequate steps to ensure that the accommodation to which he was transferred was suitable for him and then failed to take timeous steps to remedy the deficiency
28.12Investigation into Complaint No 97/A/2870 against Wiltshire CC (2000) 3 CCLR 60 It was maladministration to continue to charge service users for two years after receipt of legal advice that the charges were unlawful. It was maladministration to fail to adequately consider whether people who paid such charges should be reimbursed
28.13Special Report – NHS Funding for long term care – investigations into Complaints Nos E 208/99-00 Dorset Health Authority and Dorset Health Care Trust and others (2003) 6 CCLR 397 Health authorities were required to review their NHS Continuing Healthcare policies and provide redress to those wrongly charged for healthcare
28.14Report of an Investigation into Complaint No 07/A/01436 against London Borough of Hillingdon (2008) 11 CCLR 675 There had been maladministration in that the social worker had failed to keep proper notes, to enquire carefully into the family’s wish to care for the service user at home, to provide proper financial advice in writing, to complete a proper assessment and to investigate complaints of inadequate care
28.15Report on an investigation into Complaint No 12 001 464 against Kent County Council (2013) 16 CCLR 465 There had been maladministration resulting in X not becoming a looked after child, to remedy which the Council ought to treat him as being such
28.16R (ER) v Local Government Ombudsman and Hillingdon LBC [2014] EWCA Civ 1407, (2015) 18 CCLR 290 The LGO had no jurisdiction to investigate a complaint about the naming of a school in a Statement of Special Educational Needs
28.17Report on a joint PHSO and LGO investigation into complaint numbers JW–1999678 and 14006021 about Sheffield Health and Social Care Foundation Trust and Sheffield City Council The Council was directed to reimburse Ms D £14,000.00 being the sum she had spent on care, pay £12,000.00 compensation on account of Ms D’s lack of social care and pay her a further £1,000.00 for distress
28.18R (Miller) v Parliamentary and Health Service Ombudsman [2015] EWHC 2981 (Admin), (2015) 18 CCLR 697 It had been fair for the Ombudsman to have treated a complaint about one doctor as being implicitly a complaint about two doctors and he had given both doctors a fair opportunity to respond
29.19In the matter of an application by JR55 for Judicial Review (Northern Ireland) [2016] UKSC 22, [2016] 4 All ER 799 When conducting investigations under article 8 of the Commissioner for Complaints (Northern Ireland) Order 1996 the Northern Ireland Commissioner for Complaints had no power to recommend the payment of a sum of money against an individual who was not a public body and had no relevant public law duties
29.20Investigation into a complaint against Wokingham Borough Council (reference number: 14 000 933) It had been maladministration on the part of Wokingham in that it had (i) failed to review Mrs X’s care home placement at least yearly, so as to check that the care home was providing Mrs X with adequate care; and (ii) failed adequately to respond to concerns raised by Mrs X’s daughter. As a result Mrs X had suffered about three years of inadequate care involving under stimulation, significant loss of weight and inadequate promotion of her wellbeing. The Ombudsman recommended Wokingham to pay £3,500.00 to Mrs X and £500.00 to her daughter.