Laura Sharman 27 April 2018

Councils warned not to cap personal care budgets

Councils have been told they are not allowed to set maximum budget levels when calculating the cost of people’s care by the sector’s ombudsman.

The Local Government and Social Care Ombudsman said that capping personal budgets goes against the requirements of the Care Act.

It made the announcement after an investigation found Wiltshire Council was placing people into bands rather than paying for care based on need. It also found the council was using an outdated matrix tool to calculate the amount of support offered to the family.

Michael King, Local Government and Social Care Ombudsman, said: ‘Councils cannot put a cap on people’s budgets: the Care Act says eligible needs must be met, regardless of the cost.’

The council has agreed to apologise to the mother at the centre of this investigation and restore the previous level of respite care. It has also agreed to review files for evidence of use of the outdated matrix tool, and will review the cases of anyone else affected.

Mr King added: ‘I am pleased the council has accepted the formula it used to calculate people’s budgets was not in accordance with current guidance and has now agreed to stop using it.’

A Wiltshire Council spokesperson said: 'We fully accept the findings from the Ombudsman. We will be apologising to the family for any distress caused.

'We are already addressing the specific issues highlighted with the family, and more generally for our service going forward. We no longer use the matrix tool that was used to calculate the support available from our in-house respite services, and ensuring that all the decisions we take regarding people’s care are fully in line with the Care Act.'

SIGN UP
For your free daily news bulletin
Highways jobs

Advanced Skills Worker

Essex County Council
£31931.00 - £36423.00 per annum
Advanced Skills WorkerPermanent, Full Time£31,931 to £36,423 per annumLocation
Recuriter: Essex County Council

Residential Worker

Essex County Council
£27935.00 - £35344.00 per annum + includes allowance
Residential WorkerPermanent, Full Time£27,935 - £35,344 per annum (including allowance)Location
Recuriter: Essex County Council

Adults Social Worker - West Essex

Essex County Council
£38487 - £51834 per annum
Register your interest here to be notified of upcoming Social Worker opportunities within Essex County Council's Adult Social Care services in West E England, Essex, Harlow
Recuriter: Essex County Council

Principal Engineer Highways Development Management

Wakefield Council
Grade 11 £47,181 - £50,269, 37 hours, Permanent
Are you a skilled Highways Engineer with a drive to shape sustainable, high‑quality development and influence the future of our transport networks? Wakefield, West Yorkshire
Recuriter: Wakefield Council

Team Lead

Sandwell Metropolitan Borough Council
Band G SCP 32-37 (£42,839 - £48,226 per annum)
Are you an inspiring leader with a passion for delivering excellent services, supporting customers, and driving performance? Sandwell, West Midlands
Recuriter: Sandwell Metropolitan Borough Council
Linkedin Banner