Westmorland & Furness Council Ordered to Pay Family with Ombudsman Saying Delay Added to Their Distress
Westmorland and Furness Council has been ordered to pay extra compensation to a family after failing to complete actions agreed following an Ombudsman investigation.
The Local Government and Social Care Ombudsman had already upheld a complaint linked to care provided to a man, referred to as Mr D, by a care agency.
The complaint also involved a lack of clarity in Mr D’s care plan and the agency’s response to allegations made against another person.
The council had agreed to apologise and make compensation payments, but the Ombudsman found the authority failed to deliver the remedy within the agreed timescale.
Original Complaint Upheld
The original complaint was brought by a woman referred to as Mrs B.
In March, the Ombudsman concluded an investigation into concerns about the care provided to Mr D.
The Ombudsman found fault and recommended that Westmorland and Furness Council apologise to Mr D and Mrs B.
The council also agreed to acknowledge the faults that had been identified and pay Mr D £1,000 and Mrs B £500 within one month.
Payment Was Delayed
Mrs B later complained again after the agreed actions had still not been completed almost four months later.
She said the delay had affected both her and Mr D.
She also raised concerns about the apology provided by the council, saying the letter sent to her did not address all of the upheld complaints and did not amount to a direct apology to Mr D.
According to the Ombudsman’s report, Mrs B said she wanted closure but felt the council’s failure to provide the remedy gave the impression that it was not accepting accountability.
She also said she was worried the council had not learned lessons from the complaint.
Extra Compensation Ordered
The Ombudsman found that the council’s failure to provide the agreed remedy had added to the distress felt by Mr D and Mrs B.
As a result, the Ombudsman recommended a further payment.
The council agreed to write a letter of apology to Mr D and pay Mr D £1,250 and Mrs B £750.
This included the original payments plus extra compensation for the additional distress caused by the delay.
Council to Review Procedures
Westmorland and Furness Council also agreed to review its internal procedures.
This review is intended to make sure actions agreed after Ombudsman investigations are completed properly and on time.
The case highlights the importance of councils not only accepting Ombudsman findings, but also delivering the agreed remedies within the required timeframe.
Care Complaints and Accountability
The Ombudsman investigates complaints where people believe councils or care providers acting on their behalf have failed to provide a proper service.
In this case, the issue was not only the original complaint about care and communication, but also the delay in putting things right afterwards.
The Ombudsman said the council’s delay had caused further injustice to the family.
The council has been contacted for comment.
