William Eichler 01 December 2016

Council urged to accept Ombudsman's decision on care contribution

The Local Government Ombudsman (LGO) has urged a council to reconsider its refusal to fund a disabled man’s care.

St Helens Council refused to provide or fund home care services for a man who suffered a road traffic accident, despite an assessment concluding he had ‘critical needs’.

Social workers delayed completing a care plan for him and failed to complete a financial assessment to determine what contribution the man should pay towards his care.

The council argued the man should have used his substantial damages claim of £2,850,000 to fund his care, and stated funding the care would amount to ‘double recovery’.

An LGO investigation concluded the man should not have to use a personal injury settlement to fund litigation against a public authority.

It also found the council at fault for not completing a care plan or financial assessment after the initial assessment was carried out, and for failing to pass on a copy of the care plan completed following the second assessment.

St Helens Council has considered the Ombudsman’s findings and decided not to accept them.

LGO Dr Jane Martin said: ‘My report in July stated the legal position in this case was clear, and my position has not changed since then.

‘I would not expect this vulnerable man to have to use his personal injury award to take legal proceedings against St Helens Council.

‘I would urge the council to reconsider its response to my report and provide the remedy I have recommended.’

A St Helens Council spokesman said: ‘The council has previously given serious consideration to the points made by the Local Government Ombudsman in this sensitive matter.

‘In particular, the council has considered the relevant case law, but has found itself in disagreement with the conclusions which the Ombudsman has reached in applying relevant case law to the facts of the complaint.’

The spokesperson said the council had a duty to use its ‘scarce resources’ carefully and is of the view that ‘Mr A’s personal injury award of £2,850,000 is sufficient to fund his care.’

The council spokesman did note they would consider the LGO’s report in a ‘fair and balanced way’ before responding.

SIGN UP
For your free daily news bulletin
Highways jobs

Financial Assessment Officer (Adult Social Care)

The Royal Borough of Kensington & Chelsea Council
Negotiable
Shape outcomes across two leading London councils as a Financial Assessment Officer, delivering vital support that makes a real difference to residents' lives. England, London
Recuriter: The Royal Borough of Kensington & Chelsea Council

No Wrong Door Team Manager – (Registered Children’s Home Manager)

North Yorkshire Council
£53,051 to £57,372 per annum
You will provide inspiring leadership, management and direction to staff, ensuring our culture, values and practice model Harrogate, North Yorkshire
Recuriter: North Yorkshire Council

Occupational Therapist

The Royal Borough of Kensington & Chelsea Council
Negotiable
Be part of a long-term complex occupational team that cares about patients and cares about you In Kensington and Chelsea, we support people's independence and wellbeing and work hard to enable them to live in the community with dignity, choice and cont England, London
Recuriter: The Royal Borough of Kensington & Chelsea Council

Property Assistant

Durham County Council
£26,427 to £27,709 p.a. (Grade 4)
An opportunity has arisen within Corporate Property and Land for a part time, permanent Property Assistant based at Aycliffe Secure Centre in Newton A Newton Aycliffe
Recuriter: Durham County Council

Community Wellbeing Assistant

Durham County Council
£27,274 - £29,542
Temporary until March 2028  2 x 15 hours posts   Wellbing Sport and leisure are looking for 2 x 15 hours Wellbeing Assistant to join their team in th Durham
Recuriter: Durham County Council
Linkedin Banner