A new report from the Local Government Ombudsman (LGO) sets out statistics showing that over the last year (2011-12) there has been a 22% increase in complaints to the Ombudsman in respect of social care provision – services which affect some of the most vulnerable people in our society.
The report highlights four key areas identified from investigation of complaints:
- Improving the quality of care – investigations reveal the most common issues of complaint about care, both residential and at home and the need for an effective complaints process for speedy, local resolution and service improvement.
- Making informed choices – service users need accurate advice and information to make well-informed choices about the care options available. They need to be clear about what they should pay and what services they should get.
- Protecting the vulnerable – complaints to the LGO illustrate the challenging nature of the process of safeguarding vulnerable adults.
- Resolving complaints locally – prompt and open action to resolve complaints benefits the service user and the care provider, helping to repair damaged relationships and improve services.
Since October 2010, the Ombudsman’s jurisdiction has been extended so that the LGO can now look at complaints about private providers of social care services as well as councils. Their previous powers allowed them to consider complaints about care needs assessment, care commissioning and care provided or arranged by councils. The extended powers mean they can now deal with complaints about personal care for adults, whoever the provider is, and however that care is funded, making the LGO the single point of contact for adult social care complaints.
Such trends are becoming more common and may be a reflection on any number of factors such as training, skills, recruitment, or – simply – the financial climate and the perception that care providers are expected to do the same (or more) for less money than ever before.
It should be remembered that the delivery of care may be a private arrangement, or (as often) it may be provided via the duties of social services departments to “arrange the necessary care” for persons in need of that care who are eligible.
Stephensons has a long history of expertise in the field of community care law and has experts in adult care provision, child care, and care funding matters. We have been involved in a number of important cases in this field.
Legal Aid may be available, or we have a competitive tariff of fixed fee options to assist people in legal matters in this field.
By Pete Donohue, specialist in community care
Our community care team is part of a larger public law and civil liberties unit whose remit is to fight for the vulnerable, the underdog in their dealings with these large government bodies, call 0845 144 1441 to speak to a member of the team.