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

Highways Technology Engineer

Amey
Competitive
This is an exciting opportunity to work on the maintenance and repair of roadside technology assets across National Highways Area 7 NN6 7UZ, Northampton
Recuriter: Amey

Construction/Project Manager

Amey
£58.000 per annum
You will be responsible for ensuring construction schemes are delivered on time, within budget, and to the highest standards of quality and safety Leicester, Leicestershire
Recuriter: Amey

Culture and Inclusion Lead

Devon & Cornwall Police
Grade 11 - Starts at £64,650 rising by yearly increments to a maximum of £72,972 per annum
We are seeking a strategic and values-driven Culture & Inclusion Lead Devon
Recuriter: Devon & Cornwall Police

Drug and Alcohol Support Worker

Essex County Council
£31931.00 - £36423.00 per annum
Drug and Alcohol Support WorkerFixed Term, Full Time£31,931 to £36,423 per annumLocation
Recuriter: Essex County Council

Executive Director of Place

Hounslow London Borough Council
£159,840 - £186,282
We are now seeking a new Executive Director of Inclusive Growth & Place to lead this bold agenda Hounslow (City/Town), London (Greater)
Recuriter: Hounslow London Borough Council
Linkedin Banner