Stafford Borough Council (05B06334)

Private housing grants & Adult care services

Maladministration causing injustice

20 July 2006

‘Mrs Ashton’ (not her real name for legal reasons) complains that the Council miscalculated her financial contribution in respect of a disabled facilities grant, and this resulted in a delay in implementing a suitable scheme. As a result, her husband remained in residential care considerably longer than necessary and so was separated from his family. Mrs Ashton says that this separation resulted in considerable anxiety for herself and her husband and that it had a particularly negative effect on her young son.

The Ombudsman found that the Council’s original financial assessment, based on both Mr and Mrs Ashton’s income, was incorrect and that this was maladministration. Mrs Ashton continued to pursue the issue as it was important for the whole family that Mr Ashton be able to return home. Eventually a further assessment was carried out based on only Mr Ashton’s income. However, the regulations allow such an assessment to be done if someone is living away from home for more than 52 weeks. The Ombudsman found that the Council’s failure to do the correct assessment at the correct time meant Mr Ashton was separated from his family for a year longer than he otherwise needed to be.

The Ombudsman finds maladministration causing injustice and, in accordance with his recommendations, the Council has agreed to pay £4,000 to Mr and Mrs Ashton to compensate for the effect this unnecessary separation had on their family. This includes an amount for Mrs Ashton’s time and trouble in pursuing the complaint.

Date Updated: 03/02/09