Care package review complaint upheld against East Ayrshire HSCP

The complaint was upheld against East Ayrshire Health and Social Care Partnership following a complaint from a person with progressive multiple sclerosis (MS) about a reduction in their support.

The complainant, referred to as 'C ', said the partnership failed to carry out a reasonable assessment before cutting their care package, according to the Scottish Public Services Ombudsman's (SPSO) report.

They had been supported by two personal assistants, one of whom was C's spouse, referred to as 'B'.

Both assistants were funded through a self-directed support budget, which gives people more control over their care arrangements.

The reduction in support meant both personal assistants were made redundant, with C also losing their eligibility for the Independent Living Fund.

The partnership said the decision was based on a new Accessing Social Care and Support Policy, which prioritises risk using criteria set by the Scottish Government.

But the partnership said it accepted the outcome of the SPSO's report.

It was added that the policy had been shared with C and B in advance of discussions, and that the assessment was person-centred, evidence-based, and involved relevant professionals.

However, it was found that the partnership did not offer or arrange a scheduled review as required by their own policy.

And it was stated that C was not given a clear explanation of how the new policy applied to their situation.

While the partnership stated the process was person-centred, the decision was made without C present and only communicated to them afterwards.

There was limited consideration of the financial impact of the decision, and a lack of support with advocacy or access to financial advice.

The impact on B was not fully explored, despite their redundancy as C’s personal assistant and their ongoing, increased caring responsibilities.

As a result, the complaint was upheld.

A spokesperson from the partnership said: "The East Ayrshire Health and Social Care Partnership has fully accepted the findings of the ombudsman and has enacted the recommendations made in their determination, including an in-person apology, information provision, an annual review and the development of a programme for further staff learning and development in person-centred assessment.   

"These actions were taken within the timescale and in line with the expectations of the ombudsman."