Council backed over decision to cut care package

The Local Government and Social Care Ombudsman report says two separate assessments of the woman known as 'Ms X' found her to be more capable and independent than she described herself.

The anonymised report says she asked carers and therapists to amend their daily care notes to record that she had not been well and unable to do tasks, and became verbally aggressive when they refused.

Ms X, who has longstanding physical conditions, suffers severe migraines and lives with an assistance dog, denied ever being aggressive but “sometimes disagreed with the uninformative notes” carers wrote.

The report says she was assessed in late 2017, while receiving 25 hours’ funded care a week, hydrotherapy and one night with a sleep-in carer staying, funded through Telford and Wrekin Council Direct Payments.

But the report says: “The social worker who carried out Ms X’s assessment in 2017 found she did not have eligible unmet needs, although she recognised her complex medical conditions.

“Ms X refused assistive technology which would have assisted her with her medication, and therefore remained at some risk through choice.

“Ms X says she had concerns the device might positively cause her harm; it had a flashing light which could trigger migraine.”

Ms X disagreed strongly with the assessment. A second assessor agreed with the first that she was ineligible for social care support, but added she had become psychologically dependent on it, so recommended a phasing-out.

There was also evidence she had over-spent £2,000 worth of care hours in the preceding year. Ms X had her weekly hours reduced to 14 and the hydrotherapy and sleep-in care ended. She was also asked to repay the overspend.

“The council says the outcome of the assessments is that Ms X is more capable and independent than she describes herself,” the report continues.

It quotes evidence from occupational therapists and care agencies: "All the above domiciliary care agencies who have worked with Ms X reported and evidenced that she is fully independent in relation to all activities of daily living.

"Carers have also reported that she has requested they amend their daily care notes to record she has not been well and unable to do tasks.

"When carers have refused to do this, Ms X is reported to have become verbally aggressive.

"She denies asking carers to amend their notes, but says she asked them to provide a fuller note of her actual condition.”

The report concludes that there was no fault in the council’s assessment and reassessment of Ms X’s needs.