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Failure to assess mental capacity costs council £21,000

A recent Local Government and Social Care Ombudsman finding of ‘fault leading to injustice’ has cost a council £21,000. The council repeatedly failed to assess a woman's mental capacity to manage her finances after she moved into a care home. The Ombudsman's report states: ‘The Council accepted that its decision to charge Mrs Z the full cost of her care fees while questions were repeatedly raised regarding her mental capacity - but no capacity assessments were carried out - was “difficult to defend”.’

‘Councils must carry out mental capacity assessments where a person’s capacity is in doubt. The Council failed to do this on multiple occasions regarding whether Mrs Z could manage her own finances. The Council was at fault.’

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