Merton Council was told to apologise and pay compensation to the woman
A mum was left without an answer for nearly a year on whether she was entitled to more support despite repeatedly telling her local council she was struggling.
The Local Government and Social Care Ombudsman found Merton Council was at fault for causing the family “frustration and uncertainty” by failing to review the mother’s support needs.
Merton Council has since apologised to the woman and reviewed and improved its complaints handling in response to the failings.
The Ombudsman’s report centres on the mum, referred to as Ms X, who is the live-in carer for her adult son, Mr Y, who has “significant care and support needs”.
In the report, published last month, investigators found “no evidence that the council reviewed the mother’s carer’s assessment or support plan” between April 2025 and March 2026, despite her regularly telling the authority she was struggling in her caring role.
Inspectors found this failure breached the council’s obligations under the Care Act 2014, which require councils to review a carer’s assessment at least annually, or sooner if circumstances change or the carer requests a reassessment.
They also noted that Merton had already admitted fault after Ms X complained that it delayed telling her the outcome of an initial carer’s assessment completed back in October 2024.
The council upheld that complaint in March 2025 and apologised, but the Ombudsman found it “did not suggest any actions it would take to follow up on this assessment”. Investigators said this left Ms X facing further uncertainty about the support available to her as a carer.
The family’s circumstances then changed significantly in April 2025, when Mr Y’s day centre raised safeguarding concerns about Ms X’s care of him. The council launched an investigation, after which Ms X decided her son would no longer attend the service and asked the authority to find another day centre.
In response, Merton Council provided interim support, including a 12-hour-a-day home care package, and agreed temporary direct payments to fund seven hours of daily support, seven days a week, over the summer.
Although Ms X complained about delays in securing a permanent replacement day service, the Ombudsman found no fault with the council’s handling of the issue, noting it and the day centre believed Mr Y’s original placement could continue to meet his eligible care needs while a review was carried out.
It added that “it was the decision of Ms X to end the placement”, which contributed to her son being without a permanent day service for several months. The Ombudsman concluded the council had met its legal duties to Mr Y by commissioning the original service and providing interim support.
The report also found no fault with the council’s communication, with records showing officers responded to most calls and emails within a reasonable timeframe and carried out visits with the family.
However, the Ombudsman found Merton Council failed to properly review Ms X’s needs as a carer after her circumstances changed. It concluded the delay in carrying out a new carer’s assessment, despite her repeated requests for help, “caused Ms X distress and uncertainty”.
Merton Council has since agreed to apologise to Ms X, pay her compensation, and provide the Ombudsman with evidence that it has completed an updated carer’s assessment and support plan.
A Merton Council spokesperson said: “We fully accept the Ombudsman’s findings. We have apologised to the family. In addition, we have paid £150 to Ms X to remedy the frustration and uncertainly caused by the delay in updating her carer assessment. Finally, we are working closely with Ms X to ensure that support is in place that meets her needs.
“We have also reviewed and improved the way that we track complaints to ensure that they are followed up within the required timescales.”
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