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 It also found the council was using an outdated matrix tool to calculate the amount of support offered to the family.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 It has also agreed to review files for evidence of use of the outdated matrix tool, and will review the cases of anyone else affected.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

Senior/Principal Regeneration Officer

Fareham Borough Council
£45,465 - £55,379
Our town centre regeneration is moving from planning to delivery, and we're looking for someone who wants to help make regeneration happen. Fareham, Hampshire
Recuriter: Fareham Borough Council

Policy and Reporting Officer (Grade H)

Nottingham City Council
£40,777 – £44,075
You will help ensure staff have access to clear and effective guidance that supports consistent and high-quality practice. Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Practice Lead (Grade I)

Nottingham City Council
£46,142 - £49,282
This is an exciting opportunity for an experienced social worker Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Lead Child Protection Practitioner (LCPP) (Grade J)

Nottingham City Council
£51,356 – £54,495
You will promote best practice, support continuous improvement and help drive positive outcomes for children and young people. Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Strategic Director of Corporate and Governance Services

Isle of Wight Council
Grade 19, from £115,794 to £124,441 per annum
This pivotal leadership role sits at the heart of our council and will give you an opportunity to truly influence organisational success Isle of Wight
Recuriter: Isle of Wight Council
Linkedin Banner