Extending the remit of the Local Government Ombudsman to people who purchase their own adult social care

Summary

The issue of independent investigation of complaints by people who purchase their own adult social care services was raised during the passage of the Health and Social Care Act 2008, where the Government gave a commitment to legislate. Currently, people whose care is arranged or funded by Local Authorities have recourse to the Local Government Ombudsman if a complaint about their care is not resolved by the Local Authority to their satisfaction. Those social care users who purchase their own care, irrespective of whether they or the state provide the funds for this, have no equivalent process.

The Health Bill - now proceeding through Parliament - will amend the Local Government Act 1974 to allow the Local Government Ombudsman to consider their complaints.

Background

Purpose of the policy

The measures in the Bill will mean that an individual service user, and anyone acting on their behalf, will be able to raise a complaint with the Local Government Ombudsman. This will put people who purchase their own care on a similar footing to users of adult social care arranged and/or funded by Local Authorities.

Current arrangements

Currently people who purchase their own adult social care have no access to independent resolution of complaints. This covers people who make private arrangements independently of the local authority (“self-funders”, about 35% of adult social care service users) and also people who receive social care direct payments from their local authority, for their personal use in securing a service that they need. Addressing this will make a real difference to people, providing these people with the same access to independent investigation as that currently enjoyed by people whose care is funded or arranged by a local authority, and will help to drive up the quality of care.

The Local Government Ombudsman already has a role in investigating complaints by people whose care is arranged or funded by local authorities. This new responsibility will sit logically with these existing duties, and the Ombudsman's staff will have the advantage of already understanding the types of issues that arise in adult social care.

This policy reflects the Government's policy on the personalisation of social care, which envisages an increase in the number of people who are likely to take up direct payments. If care is not directly arranged by the local authority, the service user currently has no access to the statutory local authority complaints procedure. Therefore, people who have a direct payment for their personal use in securing a service that they need, will be treated in the same way as self-funders and have access to the Ombudsman.

Commitment in Parliament

The issue of independent investigation of complaints by people who purchase their own adult social care services was raised during the passage of the Health and Social Care Act 2008. In response to Parliamentary interest, Baroness Thornton announced on 1^st July 2008 that the Government would take the next available legislative opportunity to address this issue.

Implementation

Subject to Parliamentary approval, it is intended that the new scheme should commence operation in October 2010.

The Health Bill

The latest version of Bill can be found at http://services.parliament.uk/bills/2008-09/health.html. The provisions for the LGO scheme are in Schedule 5.