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.

Designing for cohesion image

Designing for cohesion

Tom Fairey, Development Director at Alliance Leisure, discusses how community spaces can strengthen local connections.
SIGN UP
For your free daily news bulletin
Highways jobs

Move More Development Co-ordinator

Middlesbrough Council
£33,699 - £35,412
We have an exciting role on offer within our Public Health Service as a Move More Development Co-ordinator. Middlesbrough, North Yorkshire
Recuriter: Middlesbrough Council

HR Support Officer

Middlesbrough Council
£27,254 - £28,142
We have an exciting opportunity within our Recruitment Team for a HR Support Officer Middlesbrough, North Yorkshire
Recuriter: Middlesbrough Council

Community Learning Tutor

Middlesbrough Council
£28,598 - £30,024
We have an exciting role on offer within our Community Learning service as a Community Learning Tutor. Middlesbrough, North Yorkshire
Recuriter: Middlesbrough Council

Arborist

Middlesbrough Council
£27,254 - £28,142
We have an exciting role on offer within our Environmental Services as an Arborist. Middlesbrough, North Yorkshire
Recuriter: Middlesbrough Council

Essex Safeguarding Adults Board Senior Communications Officer

Essex County Council
£37435 - £44041 per annum
This is a part time opportunity for 18.5 hours per week. The pro rata'd salary range is £18,717.50 to £22,020.50 per annum.This role sits at the hear England, Essex, Chelmsford
Recuriter: Essex County Council
Linkedin Banner