St Helens Metropolitan Borough Council (14 009 949 )
Category : Adult care services > Assessment and care plan
Decision : Upheld
Decision date : 27 Jun 2016
Summary
A solicitor complains on behalf of a man about the council's refusal to do a financial assessment for social care services because the man should use a personal injury settlement to fund his care privately. The solicitor says the council failed to complete a care plan setting out services or funding to meet the man's eligible social care needs. It also refused to complete a financial assessment to decide the contribution he had to pay towards his care.
Finding
The Ombudsman upheld the complaint and found fault causing injustice.
Recommendations
The council should within two months of the date of our report:
- carry out a financial assessment of the man, applying its charging policy;
- calculate the funding required to meet the man's eligible needs; and
- pay any money due to the man from January 2012.
Further Report
On 21 November we issued a Further Report after the council did not agree to the Ombudsman's recommendations.
The council's Cabinet considered the report alongside one prepared by officers. The officers' report recommended rejecting the LGO's findings.
The council will not agree to our recommendations as it believes the issue of 'double recovery' should be considered by the courts, and because the decision may set a precedent for the council in other areas.
Ombudsman satisfied with Council's response: 25 September 2018.