Laura Sharman 06 July 2016

Personal injury claim should not affect care assessments warns ombudsman

Personal injury settlements should not be taking into account by councils when assessing someone’s care contribution, the Local Government Ombudsman (LGO) has warned.

The ombudsman said that any money awarded to someone in a personal injury claim does not include a payment for ongoing or future care costs. Therefore councils should not be taking this money into account by councils when assessing a person’s contribution towards the cost of their care.

The warning follows an investigation into St Helens Metropolitan Borough Council after it refused to fund a man’s care because he was awarded nearly £3m after suffering a brain injury in a road accident.

The LGO intervened after the council initially failed to produce a care plan or a financial assessment on the man.

The council told the LGO that the man should use his damages claim to fund his care, and the issue should have been litigated in court.

Dr Jane Martin, Local Government Ombudsman, said: ‘Despite the man in this investigation receiving a settlement in court, this did not provide for future care costs and so he was entitled to be assessed on the correct terms for his contribution towards those costs.

‘Guidance says councils can take into account income generated from the capital received in a personal injury claim, but they cannot take into account the capital itself. It is important that all councils remind themselves of this guidance when assessing care needs.’

A council spokesman said: 'The council has previously given serious consideration to the points made by the Local Government Ombudsman in this sensitive matter. In particular, the council has considered the relevant case law, but has found itself in disagreement with the conclusions which the ombudsman has reached in applying relevant case law to the facts of the complaint.

'However, having now received the Local Government Ombudsman's final report, the council will consider the report and its recommendations in a fair and balanced way prior to responding to the ombudsman within the specified period.'

The £37,000 SEND Problem image

The £37,000 SEND Problem

Natalie Kenneison, COO at Imosphere, argues that the real SEND funding crisis isn’t just about budgets - it’s about the systems behind the decisions.
SIGN UP
For your free daily news bulletin
Highways jobs

PRINCIPAL TRANSPORT PLANNING OFFICER

Hull City Council
£43693 - £46731
We have an exciting opportunity for an experienced professional to join our team in Hull as a Principal Transport Planning Officer. Kingston upon Hull, East Riding of Yorkshire
Recuriter: Hull City Council

HIGHWAYS AND TRAFFIC ENGINEER - 4 POSTS

Hull City Council
£43693 - £46731
We have several exciting opportunities for suitably qualified Highways Civil Engineers and Traffic Engineers Wilson Centre, 1st floor, Hull HU1 2AG
Recuriter: Hull City Council

Strategic Director, Finance and Resources (S.151 Officer)

Blackburn with Darwen Borough Council
£110,799 - £120,706
Blackburn with Darwen is a distinctive, welcoming and vibrant borough with a strong identity and a genuine buzz about the place. Blackburn, Lancashire
Recuriter: Blackburn with Darwen Borough Council

Residential Worker, Edge of Care Service

Durham County Council
Grade 7 £29,093 - £32,654 PAY AWARD PENDING
Join a Groundbreaking Team Supporting Families in Seaham Salary
Recuriter: Durham County Council

Bikeability Cycling Instructor

Durham County Council
Grade 4 £24,790 to £25,992 pro rata (Pay Award Pending)
The Road Safety Team are keen to recruit additional Casual Bikability Instructors to join our team of instructors delivering Bikeability cycle trainin Durham
Recuriter: Durham County Council
Linkedin Banner