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.

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings