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Mental capacity to manage finances and the Ombudsman

The Health & Social Care Ombudsman has issued an unusually large (for the Ombudsman) fine against East Sussex County Council of £3,750 in total. The case concerned a man with mental health issues living in supported accommodation with fluctuating mental capacity around finances. The Ombudsman found failures around the Care Act, Safeguarding adults and the Mental Capacity Act:

‘The Council did not properly consider Mr D’s capacity to manage his finances until the bank and Ms C raised concerns in February 2022 about financial abuse. While it is clear Mr D had fluctuating capacity the Council did not support Mr D to make decisions about safeguarding his finances when he could. This is not in line with the Mental Capacity Act and is fault.’

Edge Training & Consultancy run a specialist course looking at mental capacity to financial decisions. For further information contact:

Download the full ruling from here.

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