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 It also found the council was using an outdated matrix tool to calculate the amount of support offered to the family.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 It has also agreed to review files for evidence of use of the outdated matrix tool, and will review the cases of anyone else affected.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

Essex County Council
£48205 - £57988 per annum + Flexible Working, Hybrid Working
About the TeamThis is an exciting opportunity for a passionate and experienced Social Worker to join an innovative and award-winning Learning Disabil England, Essex, Harlow
Recuriter: Essex County Council

Social Worker Family Worker (Link Role), West Essex

Essex County Council
£38487.0000 - £51834.0000 per annum
Social Worker Family Worker (Link Role), West EssexFixed Term, Full Time£38,487 to £51,834 per annumLocation
Recuriter: Essex County Council

Harbour Operative

North Yorkshire Council
£25,614 - £26,847 Per annum
As our Harbour Operative, you will play a key role in promoting the harbour to both visiting and local vessels. Whitby, North Yorkshire
Recuriter: North Yorkshire Council

Bridge Operative

North Yorkshire Council
£26,847 - £28,153 pro rata per
The role has a three-week rota which allows for variety and rotation of weekend working, with additional payments for night and weekend work. Whitby, North Yorkshire
Recuriter: North Yorkshire Council

D1 Licensed Minibus Driver

North Yorkshire Council
£25,614 - £26,847 pro rata per annum
If you love working with people and naturally look out for others, you’re exactly who we’re looking for. Selby, North Yorkshire
Recuriter: North Yorkshire Council
Linkedin Banner