“Dear Ombudsman for Local Government & Social Care,
I am a long-term friend and current advocate of Derek, a man with learning and severe physical disabilities. While I have known Derek since 1984, I had not seen him for 15 years when I first visited him at [his current dwelling] in November 2017. From our telephone communications I assumed [his current dwelling] was simply a supported housing complex. I assumed wrong. On arrival I was greeted by a tinted, secured-glass door and a member of staff who asked me to “sign in”. I was then escorted back out of the locked front door, through a locked gate, and around the perimeter of the building to Derek’s flat. As we walked my thoughts were: what on earth has Derek done to warrant being locked-in like this?
I was to learn from Derek, his family and advocates [his current dwelling] was in fact a Local Authority run residential assessment unit (RAU) for people with learnings disabilities. Derek had done ‘nothing wrong’ (he was not under a mental health section or court order), he was merely waiting to be rehoused. He was originally meant to reside in [his current dwelling] for up to 10 weeks; I was astounded to find he had been there for two years! At the time of writing this complaint statement, Derek has lived under the restriction of an assessment facility for 3 ½ years!
For Derek, living in an assessment facility meant: he is “locked-in”, has no garden or communal area or accessible kitchen, and where, on a daily basis, he is governed by ubiquitous explicit/implicit rules and regulations. I was equally distressed to learn that apart from Derek being hugely unhappy, there appeared to be only a mixture of practitioner apathy, avoidance and disinterest in moving him on, and absolutely no interest on the impact his restrictive living conditions were having on his physical disablement and mental health. In June 2018 I offered Derek, his family and advocates my help in constructing a letter of complaint to Local Authority…”
Mike Chase, extract from a Local Government & Social Care Ombudsman Complaint Statement, May 28th 2019
The Discussion Forum will begin by summarising a human rights odyssey that transcends from June 2018; from when Derek’s friends and family began their struggle for him to once again live a free, independent and sustainable life, to the current time. Our journey began with an initial formal complaint against the local authority (LA), submitted in October 2018. The complaint simply argued that Derek was being deprived of his liberty and human rights while he waited to be rehoused, and asked that his housing, physical and psychological needs were urgently assessed and met.
We naively thought our complaint would be objectively reviewed and considered. In reality, it was passed on to a senior manager from the social work team we were complaining about, who, drawing on a mixture of distortions, denial and rhetoric argued our complaint and requests had no credence. On the 23rd December 2018 (i.e., 2 days before that Christmas) our complaint was flatly denied on all counts.
In early 2019, after licking our wounds and regrouping, we took the opportunity to challenge the decision with the Local Govt and Social Care Ombudsman (LGSCO). In May 2019, we submitted a finalised 50+ page Complaint Statement that took four months to produce around our day-jobs. In it we argued the LA’s Complaint Process we experienced was distorted and unfair and maintained the LA had failed in their duty of care for Derek, for reasons outlined in our original complaint.
In October 2020, our complaint was upheld by the LGSCO. The LA was instructed to urgently transition Derek to appropriate and sustainable housing as soon as possible, to pay compensation to Derek, and to give a full apology. In addition it was instructed to review and prioritise the transition of all similar cases under LA’s jurisdiction where similar vulnerable people were waiting for longer than a year to be rehoused, and to review and make systemic changes to Care Act Assessment, human rights training and complaint procedures and processes (for full decision see: https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/19-003-437 )
A success, and yet, at this date, Derek remains in the same Assessment Facility. It has now been over seven years since he lived free and independently. Despite the LGSCO decision two years ago, with Derek’s family and fellow advocate I am still battling to enable his transition to a place where he can live freely, safely and enjoy a sustainable and pleasurable existence again.
Plan for the Discussion Forum
Drawing on a Community Psychology’s ecological lens, the focus of the discussion forum is to detail the challenges and obstacles in place which thwart the pursuit of liberty, independence and social justice for Derek and similarly vulnerable people and their families. In addition, we anticipate it will be an opportunity to share experiences, strategies and support resources for similar others who are struggling to have their voices heard and their rights upheld by Local Authorities and similar agencies
Specifically in our platform for discussion, we will aim to:
Make transparent and highlight how societal and political structures, such as austerity and neoliberalism (macrosystems), collide with commissioning and service provider attitudes, practice and policy frameworks (exosystems), and practice, family and service provider relationships (micro and meso systems) to exasperate the challenges for Derek (and similarly vulnerable people) and their families.
To share experiences, strategies, tips and to signpost support networks and agencies (such as the LGSCO and legal advocacy services) which can support people to respond to these challenges
To initiate platforms and support networks that can help people with complex needs (and their support networks), who do not have the time and resources, to negotiate the challenge of complaining to their Local Authorities
Panel Members: Nigel Ellis, CEO LGSCO; Mitchell Woolf, Legal Manager, Access Social Care; Bob Rhodes, Founder & Co Director Life Through Friends & Prof. Elaine Chase, UCL
