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

Engineer Schemes and Major Maintenance

Halton Borough Council
£32,061 - £34, 434
Our progressive community strategy aims to bring about meaningful, long-term improvements that enhance lives. Halton, Lancaster
Recuriter: Halton Borough Council

Social Worker

Gloucestershire County Council
£38,220 - £40,777
Our vision for the people we work with is for them to lead full and active lives where they are supported to be independent as far as they can be. Gloucestershire
Recuriter: Gloucestershire County Council

Logistic Assistant

Gloucestershire County Council
£26,403 - £27,694 per annum
We are seeking a logistic assistant to come and join our team! Gloucester, Gloucestershire
Recuriter: Gloucestershire County Council

Senior Social Worker

Gloucestershire County Council
£41,771 - £47,181 per annum pro rata
Are you a Social Worker passionate about working with people to promote independence Gloucester, Gloucestershire
Recuriter: Gloucestershire County Council

Senior Engineer - Design (Traffic Signals)

Derbyshire County Council
Grade 12 £44,433 - £47,925 per annum
Are you ready to lead the design and delivery of innovative traffic signal systems? Derbyshire
Recuriter: Derbyshire County Council
Linkedin Banner