Walsall Metropolitan Borough Council (07B07346)

Private housing grants                Maladministration causing injustice

17 June 2008

A disabled man had to remain in residential care for longer than necessary because Walsall Metropolitan Borough Council mishandled his disabled facilities grant. The Ombudsman also says the man and his family suffered “considerable financial stress” because, while he was in the care home, he lost his disability benefits and his wife lost her carer’s allowance.

The Ombudsman welcomes the Council’s agreement to write off care home charges and pay compensation to the couple for the distress caused (approximate total £4,500).

‘Mr and Mrs Crown’ (not their real names) complain about the way the Council handled their application for a disabled facilities grant.

The Ombudsman finds these faults in the Council’s handling of the application:

• when Mr and Mrs Crown moved into a housing association property the Council was aware that the adaptations would exceed the mandatory grant maximum of £25,000, but it failed to advise them that funding above that amount was discretionary or that there was any possibility that those additional costs would not be covered; and
• the Council fettered its discretion by removing all discretionary funding irrespective of the circumstances of any case, and failed to take into account the cost to the Council of keeping Mr Crown in a residential care home (as he was unable to return home until the adaptations had been completed) when it advised the Crowns that funding would not be provided.

The Ombudsman considers that Mr and Mrs Crown suffered considerable stress because Mr Crown had to remain in residential care, and separated from his family, for months longer than he should have done. He also considers that this caused Mr and Mrs Crown financial problems as Mr Crown lost his disability benefits while he was in residential care, Mrs Crown lost her carer’s allowance, and the family were put to extra expense in visiting Mr Crown, nine miles away from the family home.

The Ombudsman finds maladministration causing injustice, and the Council has agreed to:

• write off the residential care charges (of about £1,000) incurred between the date when Mr Crown should have been able to return home, and the date he did return;
• write off earlier charges in recompense for costs incurred by Mr Crown having to remain in residential care longer than should have been the case – a total of £2,457.20; and
• pay Mr and Mrs Crown an additional £1,000 compensation in recognition of the significant distress they have been caused.

Date Updated: 21/10/08