Kingston Council has to pay mum after it failed her and her son

By Charlotte Lillywhite - Local Democracy Reporter 17th Jul 2023

Kingston Council's Guildhall HQ.
Kingston Council's Guildhall HQ.

A care provider failed to tell a South London mum her son had been self-harming before serving notice for him to leave their accommodation. 

The mum, named Mrs Q in the Local Government and Social Care Ombudsman report, also said him losing the care placement had a "significant impact" on her son's mental and physical health "including worsening his heart condition".

She said her son, referred to as Mr H, "suffered serious upset and distress as he could not say goodbye to his friends and girlfriend".

A watchdog has ordered Kingston Council to pay the mum £1,200 as it commissioned the man's placement in accommodation run by care provider Stallcombe House.

Mr H, who has care and support needs, first moved into the assisted living accommodation in August 2019. In February 2022, Stallcombe House told Mrs Q and the council Mr H's placement would be ending with "immediate effect".

It said Mr H had been presenting challenging behaviour, including causing frequent injuries to himself and staff, that there were issues with staff retention and existing staff were no longer willing to work with him. Stallcombe House recognised it "had not given proper notice" to end the placement, according to the report, as it gave four weeks' notice on the same day. The provider told the council it could not accommodate Mr H any further in early April 2022, and he moved into respite care later that month.

Although Stallcombe House was free to end the placement, the report found "fault in the way the care provider first gave notice". It said the provider gave enough reason to serve notice, but it raised "serious concerns about the provision of care and support Mr H received".

The report said an internal review by Stallcombe House into the decision to end Mr H's placement found "54 incidents of challenging behaviour over the last 12 months before notice was given". These "related to self-harm by Mr H, aggression and safety concerns for staff and other residents".

It said: "The council and Mrs Q say the care provider did not report any of the problems it has referred to before providing notice. The care provider accepts it did not communicate as well or as fully as it should and that its concerns should have been raised at an earlier stage."

The report continued: "The care provider says Mr H had been self-harming over the referred-to 12-month period. Mr H lacks mental capacity and cannot decide what care he needs, or safeguard himself against the risk of harm. The council is responsible for meeting Mr H's care and support needs and Mrs Q is legally entitled to be consulted and make best interest decisions on his behalf.

"Those with the authority and means to act and prevent the harm were not notified and therefore denied the opportunity to safeguard Mr H. The care provider therefore created an environment which was fundamentally unsafe for Mr H which caused him harm."

It said: "Mrs Q has given specific details of a decline in Mr H's health, but only a court can make a determination of personal injury resulting from negligence. I am however proposing that a financial payment be made to serve as an acknowledgement that harm was caused."

Mrs Q made clear her complaint was against Stallcombe House, the report added, and that the council had "worked with her well to positively manage the alleged failings under difficult circumstances". But it said: "When the council commissions care services on its behalf, it remains responsible for those services and for the actions of the organisation providing them."

The council agreed to apologise and pay Mrs Q £1,000, on behalf of Mr H, and a further £200 to recognise "distress and uncertainty" caused to the family. The ombudsman also told the council to ask Stallcombe House to apologise and carry out a senior review.

A Kingston Council spokesperson said: "Kingston Council has actively engaged with the Ombudsman enquiry and accept the recommendations. The council recognise the distress caused to the family and a formal apology to Mr H and family has been issued.

"The council has since improved its processes for working with care providers to ensure timely communication and contract management. The provider has also assured they are making improvements to their systems and procedures. Mr H is now placed with a new care provider. Mr H's social worker and the family have reported he has settled well and they are happy with the new placement."

Stallcombe House has been contacted for comment.

     

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