Ombudsman instructs council apology after handling of disabled man's case
North East Lincolnshire Council has been found at fault for miscommunication and lack of information sharing with the siblings of a man with learning disabilities.
The Local Government and Social Ombudsman issued a decision earlier this autumn instructing the council to make an apology after the outcome of a meeting last summer was not communicated. The best interests meeting was to discuss sharing information about the man's care with his brother and sister.
It was agreed to do so, but the brother and sister were subsequently misinformed. This led to information not being shared with them, which might have been helpful in supporting their brother.
READ MORE:Decision made on plans for 249 homes in New Waltham
READ MORE:Death notices and funeral announcements from Grimsby and Scunthorpe Telegraph - October 30, 2024
The ombudsman found there was a "communications failure between council departments" that resulted in the council not sharing information with the siblings that "it could reasonably have done". It has been instructed to apologise to the brother and sister, and "put things right going forward".
Individuals in any ombudsman case are not named. A North East Lincolnshire Council spokesperson told Grimsby Live: "This case remains on-going, and it is the council’s policy not to comment on on-going cases."
The man with learning disabilities is provided some support by his siblings, who until 2018, were party to information about him. After then, they stated the council no longer shared information as there were allegations the brother had accessed the disabled man's finances.
The siblings said the decision not to share information has impacted their ability to provide proper support for the man with learning disabilities. They asserted he was experiencing poor living conditions, with a faulty bathroom extractor fan, resulting in a build-up of damp and mould. They said their brother was happy to share information with them.
A May 2023 capacity assessment found the man with learning disabilities lacked the capacity to make an informed decision on sharing information relevant to him. The next month, the adult social care department arranged a best interest meeting with the siblings, an advocate for the disabled man, and his assigned social worker.
It was decided to "share and include" information about the disabled man's ongoing care and support, including invitations to future assessments. But this outcome was not passed onto the siblings. A complaint to the ombudsman last year was dismissed.
But the council subsequently said focus adult social care did not share with it the notes or outcome of the best interest meeting in June 2023. The council offered a meeting with the siblings to resolve the matter and move forward. This was declined until the ombudsman had considered their latest complaint.
North East Lincolnshire Council agreed the outcome of the best interests meeting should have been shared with its complaints team. And that not doing so "may have altered our decision making in terms of the complaint process".
The local authority, however, challenged how the lack of information sharing limited the siblings' ability to support their brother. The council also stated it encouraged the family to raise any concerns with the adult social work team or the provider.
The ombudsman found no fault with the capacity assessment or best interest meeting last year. But they found the council "very clearly at fault" for the miscommunication of the best interest meeting outcome.