Cambridgeshire County Council (13 016 935) [2015] MHLO 9 (LGO)

Capacity assessment - maladministration "The Council failed to act in accordance with the Mental Capacity Act. It did not conduct adequate mental capacity assessments or properly consider best interests. The Council did not fulfil its obligations under the Choice of Accommodation Directions."

Summary of report from LGO website

Category: Adult care services > Residential care

Decision: Upheld

Decision date: 20 Jan 2015

Summary

Complaint from a woman that the council moved her husband into a residential home against both his and her wishes. She says she was forced to accept this course of action and the council failed to properly consider her preference of care home.

The complaint

Complaint from a woman that the council moved her husband into a residential home against both his and her wishes. She says she was forced to accept this course of action and the council failed to properly consider her preference of care home.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

To remedy the injustice caused, we recommend the council (within three months of the date of our report):

• apologise to the woman for the failures outlined in our report. This apology should accept responsibility for the faults, and acknowledge the impact these had on her. It should also include an assurance that the same faults will not happen again, and explain what steps have been taken to ensure this;
• set a timetable for refresher training for social care staff on mental capacity assessments, best interests decisions, deprivation of liberty and the role of the Court of Protection and how to advise the public on their rights. This may involve the council reviewing the current status of residents who may be deprived of their liberty without proper authorisation; and
• pay the woman £750 to recognise the distress caused by the failings identified and the time and trouble she has expended in making the complaint.

Ombudsman satisfied with the Council's response: 27 April 2015

External links

• Local Government Ombudsman, 'Report by the Local Government Ombudsman: Investigation into a complaint against Cambridgeshire County Council (Reference number: 13 016 935)' (20/1/15)
• Local Government Lawyer, 'LGO urges proper recording of capacity assessments under Mental Capacity Act' (28/1/15)
• Lucy Series, 'Call the rozzers!' (The Small Places Blog, 28/1/15)

CASES DATABASE

Full judgment: No Bailii link (neutral citation is unknown or not applicable)
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Subject(s):

• Community care🔍

Date: 20/1/15🔍

Court: Local Government Ombudsman🔍

Citation number(s):

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Published: 31/1/15 20:25

Cached: 2025-03-14 06:37:22