Herts County Council has been told to review its social care practices to ensure it offers help for people to keep their homes tidy, in line with the Care Act.

A recent investigation by the Local Government and Social Care Ombudsman found that the county council was routinely telling people it would NOT fund support to maintain a 'habitable home'.

That – according to the LGSCO Michael King – goes against the requirements of the Care Act, which is said to place equal importance on ALL eligible needs, including maintaining a habitable home.

And it was highlighted to a meeting of the county council's adult care and health cabinet panel on Monday, as part of a report on compliments and complaints over the past year.

The findings of the LGSCO followed an investigation into a complaint from a Hertfordshire resident, after a reduction in her 'personal budget'.

And the ombudsman decided the woman – who is cared for in bed and who has various medical conditions – likely did have an unmet eligible need for help maintaining her home.

According to the report: "It seems likely Mrs X has an eligible need for help maintaining a habitable home as she is cared for in bed and cannot therefore clean the rooms used by or for her, or wash her clothes.

"It appears the council's practice is not to meet such needs but tell people they should fund this themselves.

"But the council has a duty to meet eligible needs and cannot fulfil that duty by telling someone to pay for support themselves."

At the meeting, councillors heard that the council had accepted the findings of the LGSCO in this case and would formally respond by December 23.

Executive member for adult care and health councillor Richard Roberts said: "We absolutely accept the findings of the ombudsman. We have acted on it and we will learn from it."

However interim director of adult social care Chris Badger questioned whether the refusal of cleaning support was ever 'systematic' practice in the county.

He suggested there may have been instances of local rules of not having cleaning included as a blanket approach – but that this was never formal policy.

And he said that in the council's own investigation had found just two instances – out of more than 10,000.

"We ultimately accept the recommendations of the ombudsman about this specific case," said Mr Badger.

"I think where we maybe would have queried it is the comment about it being systematic across the council – but ultimately one case is too many so we accept it and look at how we can develop our practice, as a result."

It was reported that the assessment of the woman's needs – judged to be 'flawed' by the ombudsman – had been carried out in 2018.

This – councillors were told – was just five months after the council's new Care act compliant practice model 'Connected Lives'.

At the meeting councillors heard that following the ombudsman's report updates guidance and training has been launched on the 'outcomes' contained within in the Care Act.

These outcomes include items such as managing and maintaining nutrition, maintaining personal hygiene, being able to make use of the adult's home safely and maintaining a habitable home environment.

Councillors were also told that 'deep dive audits' will be instigated into the recording of care and support plans and that social workers have already been reminded about the need to clearly record eligibility criteria.

The LGSCO's report ruled that the council should pay the woman £650 for failing to help her maintain a habitable home and £250 for her time and trouble complaining.

And commenting on the findings, following the publication of his report in September, LGSCO Mr King said: "In this case the council appears to have decided some needs are more important than others.

"This is contrary to the Care Act, which places equal importance on all eligible needs – it is designed to ensure councils do not pick and choose which they meet.

"I urge Hertfordshire County Council to reflect on my report and make the changes I have recommended.

"These are designed to both put things right for the woman, but also to improve its practices by bringing them in line with the Care Act."

The report was considered by councillors at a meeting on Monday as part of the annual report of compliments and complaints relating to adult care services.

Overall, last year the report shows that there were 311 formal complaints made in relation to adult care services – alongside 289 compliments.

The main themes of these complaints were reported to relate to issues relating to charges or cost; dissatisfaction with care plans, assessments or reviews or workers' conduct, delays in responding or communication issues.

According to the report, more than half of those formal complaints (51 per cent) were NOT upheld.

One in five complaints (20 per cent) were upheld and a further 19 per cent were partially upheld.