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 It also found the council was using an outdated matrix tool to calculate the amount of support offered to the family.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 It has also agreed to review files for evidence of use of the outdated matrix tool, and will review the cases of anyone else affected.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

Educational Psychologist (EP)

London Borough of Richmond upon Thames and London Borough of Wandsworth
£53,238 - £64,512 per annum
Educational Psychologist (EP)£53,2... Wandsworth, London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

HMO ASB OFFICER

Royal Borough of Greenwich
PO1 - £41,113 to £43,680
We are looking for three HMO Anti-Social Behaviour Officers to join our Private Housing London (Greater)
Recuriter: Royal Borough of Greenwich

South-East London Fostering Hub Programme Manager

Royal Borough of Greenwich
PO6 (£54,267 - £57,402)
The role will provide strong programme management oversight, ensuring projects are well planned, effectively delivered a London (Greater)
Recuriter: Royal Borough of Greenwich

Professional Educator (Part Time, 28 hours)

Royal Borough of Greenwich
PO6 - £54,267 to £57,402
We are looking for an experienced and enthusiastic Professional Educator to join our Quality Assurance and Workforce development Service. London (Greater)
Recuriter: Royal Borough of Greenwich

Principal Lawyer Litigation and Housing

Kirklees Metropolitan Council
£53,051 to £58,258
You will join a team of experienced Lawyers, Legal Officers, and Paralegals supported by a dedicated Business Support Team. Huddersfield, West Yorkshire
Recuriter: Kirklees Metropolitan Council
Linkedin Banner