Wakefield Metropolitan District Council (91C01246)

Adult care services    Maladministration causing injustice

9 December 1993

Ms Parker ‘s brother, Simon, aged 70 at the time of the report, lived in a council-run home. Although disabled, he was able to go out on his own, and enjoyed outings. She complained on his behalf that she was wrongly told by a council officer that he was not entitled to ‘attendance allowance’.

The advice given Ms Parker failed to take into account that Simon could have claimed attendance allowance for time he spent away from home, for example during weekends spent with relatives.

The Ombudsman said: “The Council cannot be expected to offer expert advice on an allowance which is not the Council's responsibility but can be expected to point the way to getting sound advice. The Council certainly should not offer advice unless justifiably confident as to the extent of its knowledge. The Council did, however, give a very firm view that because Simon was a resident in a local authority home, he was not entitled to attendance allowance. That view overlooked the possibility that in particular situations such an allowance could be paid to cover the kind of visits from the home which Simon made. The Council's inadequate advice should be seen as maladministration causing injustice to Simon and to Ms Parker.”

Remedy

In accordance with the Ombudsman's recommendations, the Council paid Ms Parker £750.

LGO satisfied with Council’s response 19 August 1994

Date Updated: 26/02/10