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

Director of Adult Social Care

Nottingham City Council
£101,636 - £112,285 per annum (SLMG1)
As a key member of the Directorate Leadership Team, you will provide visible and effective leadership Nottinghamshire
Recuriter: Nottingham City Council

Director of Adults Service Development

Nottingham City Council
£101,636 - £112,285 per annum (SLMG 1)
This is a strategic improvement and assurance leadership role focused on driving the Adults Social Care improvement journey Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Adult Social Care and Commissioning Director Roles

Nottingham City Council
£101,636 - £112,285 per annum (SLMG 1)
This is an exciting time to join Nottingham City Council and help shape the future of Adult Social Care for the city.  Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Director of Education

Nottingham City Council
£109,702 - £113,977 (Soulbury Grade 47 – 50)
We are now seeking visionary senior leaders to help shape the next phase of Nottingham's improvement journey. Nottingham, Nottinghamshire, Hybrid
Recuriter: Nottingham City Council

Director Opportunities in Children's & Educations Services

Nottingham City Council
£101,636 - £112,285 per annum (SLMG 1)
At Nottingham City Council, Children's and Education Services are on a clear journey of improvement, reform and transformation. Nottingham, Nottinghamshire
Recuriter: Nottingham City Council
Linkedin Banner