The Local Government and Social Care Ombudsman has found Merton Council at fault for failing to review a mother's carer support needs for nearly a year, leaving her family in a state of uncertainty.
The mother, referred to as Ms X, is the live-in carer for her adult son, Mr Y, who has significant care and support needs. She repeatedly told the council she was struggling in her caring role, but investigators found no evidence that the council reviewed her carer's assessment or support plan between April 2025 and March 2026.
Breach of care obligations
The Ombudsman's report, published last month, found that the council's failure breached its obligations under the Care Act 2014, which requires councils to review a carer's assessment at least annually, or sooner if circumstances change or the carer requests a reassessment.
Investigators also noted that Merton Council had already admitted fault after Ms X complained that it delayed telling her the outcome of an initial carer's assessment completed 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, leaving Ms X facing further uncertainty.
Safeguarding concerns and interim support
The family's circumstances changed significantly in April 2025, when Mr Y's day centre raised safeguarding concerns about Ms X's care. 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. It noted that the council and day centre believed Mr Y's original placement could continue to meet his eligible care needs while a review was carried out, and that it was Ms X's decision to end the placement, which contributed to her son being without a permanent day service for several months.
Council's response and compensation
The Ombudsman concluded that the delay in carrying out a new carer's assessment, despite Ms X's repeated requests for help, caused her 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.”
