North Yorkshire County Council (16 006 552)

Category : Adult care services > Charging

Decision : Upheld

Decision date : 17 Jan 2018


Mrs X complains on behalf of her mother, Mrs Y, the Council’s financial assessment is wrong because it should not treat gifted money as deprivation of assets.

The complaint

Mrs X complains that because Council's financial assessment was not correct, it stopped paying for her mother's care when she could no longer afford to do so, and her mother has been left with a growing debt to her care home. 


The Ombudsman upheld the complaint and found fault causing injustice.


To remedy the injustice caused, the Council should:

  • apologise to Mrs X for its failure to complete a financial assessment in 2015 and its failure to evidence why it considers the gifted money to have been done with the intention of avoiding care charges;
  • pay Mrs Y £250 to recognise the distress caused;
  • complete a financial assessment for Mrs Y based on her circumstances in January 2015 including whether any deprivation of capital has occurred and repay any monies resulting from this reconsideration;
  • review Mrs Y’s current financial position and look at how Mrs Y’s current debt to the care home can be reduced/settled to avoid her placement being put at risk; and 
  • review its current procedures and guidance for staff on how to deal with cases where deprivation of capital may have occurred.

Ombudsman satisfied with Council's response: 3 October 2018

Print this page

Privacy settings

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.