Outside Carers : LA Found Negligent In Not Proving Care

Share information, support and advice on all aspects of caring.
An interesting one for any readers who rely on outside carers.


http://www.wimbledonguardian.co.uk/news ... lves__39_/

Council apologises for failure to help woman whom carers couldn't move from her bed 'without hurting themselves.'


Merton Council has apologised for leaving a woman with a degenerative condition without care.

A report by the Local Government Social Care Ombudsman found that the council ‘failed to take prompt action’ which could have prevented her care package breaking down.

The complaint was from a man, identified as Mr A, who said he wife, Mrs A, had been left without care for two days in 2017.

A report from the ombudsman said that the woman had been assessed as needing three calls a day.

However, the council’s care agency withdrew service after carers could not transfer Mrs A to her bed without hurting themselves.

After about two months of discussions the agency gave notice and said its carers were complaining of back pain as Mrs A was not sticking to her care plan.

This included not accepting a special hospital bed meaning carers had to lift her from her double bed each day.


Issues were first reported to the council by the agency in March and in May the package ‘broke down’ for the second time.

In the report the ombudsman said this could have been avoided if the council had prompted more urgent action.

The report states: “The council only visited Mrs A the day the care agency ended the care package.

“It did not contact other care agencies until the day after. A break in the care package was therefore inevitable.”

For two days it was up to her husband to meet Mrs A’s care needs, until a new provider was found, but he said he could not continue to do it.


The Ombudsman said: “[The council] needs to consider what to do to ensure it takes more prompt action in future.”

The conclusion also added that the care provider was not at fault as they have a duty of care to their employees as well as clients.

Last week a Merton Council spokeswoman said: “The care of our residents is our highest priority, and we immediately apologised to the family for any failures in the service.

“Following the ombudsman’s recommendations, we have made significant improvements to our service to ensure that the lessons are learned.”


No doubt , a few readers have had similar experiences ?

Responsibility lies with the LA !!!
A little surprised that no reader has commented on this article ?

Still , merely a week and 111 reads.

Really buzzing this forum as of late ?

How many readers having problems with outside carers provided by their LA ?

None ?

Not the correct answer as other postings / threads on the forum reveal.
Where do I start?!?!
There is no doubt that some people working for care agencies really don't care at all, it's a "fill in" job. Unfortunately, most of my son's carers come into this category. There are also social workers / care managers who are also not bothered, even to reply to emails with a "Thanks for your email".
If the carers were working directly for the LA, as they used to, then they would know that if they didn't do their job properly they'd get the sack. In my area, there is such a shortage, as the population is so "top heavy", that almost anyone is accepted as a carer.
Low pay, low skill, even lower motivation.
In short , it is the LAs responsibilty to ensure that care is provided if they are the paymaster.

If not , and , in any reader's case , the LA will be held responsible ( Other mitigating circumstances aside ).

In theory , no reader need now post along these lines ... straight line back to their LA.

Should be " Interesting " as many LAs still do not follow Court Rulings ... mentioned under yet another thread.

Trouble is , there 6.5 million carers out there ... possiblity more than a million with outside carer support.

How many know of this Ruling ?

A mere 118 reads so far ... how many more than once ?

Their LA will be reluctant to tell them ... hoping they'll just go away.

Things might have well be completely different IF ... Identifying Carers ... was made a priority when carers first had legal recognition ... A MERE 40+ YEARS AGO !!!

Everyone involved tended to leave it to each other ... even Emily Holzhausen mentioned the NHS iniative last night in the Which ? FaceAche interview ... no mention of CUK doing anything !
Theory and practice can be far, far apart.
In my son's case, a new SW wrote his needs assessment in a hurry, used the resources allocation incorrectly, saying he needed someone with him most of the time, but saying wrongly he was with me every weekend. No personal budget, no care plan. Needs assessment didn't arrive until the new care arrangements had started. Right the way up the organisation tree I challenged the assessment, and was told it was right, without anyone EVER sitting down to look through it with me. Then the county complaints officer saw me, saw why I was complaining. She ordered everything to be redone, but the staff concerned ignored her. The I appealed to the Ombudsman, then they wouldn't talk to be until the LGO had made his decision. He's been ill since Christmas, so nothing has happened until he came back to work. I now have the draft report, ordering everything to be redone, but will it actually happen?
Exactly !

Why should the LAs care if they ignore the " Rule book " and / or statutory legislation ... provisions of the Care Act 2014 being the prime example.

What penalties are there if they do so ? Who checks up on them ? What powers to enforce bad practice do they have ?

They are dealing with individuals , only a small minority will know enough to challenge any LA decision.

In turn , who does that individual turn to to support his / her case ... our supporting organisations ????

Both confirmed " Charities " ... non combatants ... in essence , indivdual or group of carers are truly on their own ... and always have been.


Legal Aid route ?

Fine , until one learns that the Legal Aid fund is now very resticted , and funds cut back to the bone !

https://www.theguardian.com/law/2017/oc ... der-review
One positive thing that has come out of my battles, is getting an advocate. It's the first time I've had one whose knowledge of these things is good enough to be a real help. We are ALL entitled to an advocate if we are having difficulty in having our voices heard.
Me having one is a joke in many ways, I'm a veteran campaigner against various planning issues in our area, up to public enquiry level. I was even mistaken for a barrister once, having swopped the usual jeans and sweatshirt for a super smart suit, with hair done, make up, etc. etc.
However, if I am having difficulty in getting heard, what hope for the rest without my knowledge and experience?
Social workers have gone, care managers haven't got a clue about managing budgets, they don't even know how M's accounts should be written so the balance at the end of the week, and we are only talking about £100 Chris!
£ 100 or £ 10,000 ... the principle doesn't change.

One of the very first lessons in lending during my banking days.

Yet another case of carers having " Rights " ... this time by holding a LA to account but ... need to take legal action to enforce said right.

Just need CUK to announce the next " Carers ( Non ) Rights Day " ... as if they were TOTALLY IGNORANT of what's actually happening in CarerLand !!!

They know the score ... which makes it even worse.
I used to run the accounts for a hospital, thousands of dollars (Australia), but I'd never have my morning tea on the first of the month until I'd balanced them to the nearest cent, and rung my boss 50 miles away to tell him. He was the Managing Secretary for 3 hospitals, so always appreciated all the help he could get. At the time I only had a maths O level, but if you could use an adding machine, and did the accounts every day, I was only ever adding on one days figures to the previous one. I have offered to show staff, both SSD and care staff, how they can be right every time, but I'm not allowed to...because I'm THE PARENT!
The current forms were devised by the care company, they never start or finish with the right figure, and when they keep track of spending they never include cash withdrawals....I rest my case!!
The latest idea is never to look at the bank balance at all, just write down the money going in at the beginning of the week, and money taken from that. It all goes to pot when they don't write down everything, apparently working on the basis of if they don't write it down, it didn't happen.
As an ex banker , I close my ears when reading your last post !

Even today , I know where everything is ... and to the last penny !

During my caring days ... 3 jars , a penny in each ?

It's in me blood just as caring is in my very soul.