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 It also found the council was using an outdated matrix tool to calculate the amount of support offered to the family.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 It has also agreed to review files for evidence of use of the outdated matrix tool, and will review the cases of anyone else affected.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

Chief Executive

National Association of Local Councils
£competitive
We are looking for an exceptional senior leader with a strong record of leading change London (Greater)
Recuriter: National Association of Local Councils

Social Worker

London Borough of Richmond upon Thames and London Borough of Wandsworth
£40,260 - £54,507
Social Worker£... London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

SEND Inclusion Partner

Essex County Council
£44258.0000 - £52068.0000 per annum
SEND Inclusion PartnerPermanent, Full Time & Fixed Term, Full Time£46,861 to £52,068 per annum (full time equivalent)Location
Recuriter: Essex County Council

Customer Services Assistant - Dunmow Library

Essex County Council
Up to £25959.0000 per annum
Customer Services Assistant - Dunmow LibraryPermanent, Part TimeUp to £25,959 per annum (full time equivalent)Location
Recuriter: Essex County Council

Residential Childrens Homes Manager

Essex County Council
£55892.00 - £69241.00 per annum + + 8% on call allowance
Residential Childrens Homes ManagerPermanent, Full Time£55,892 to £69,241 per annum + 8% on call allowance Location
Recuriter: Essex County Council
Linkedin Banner