A local authority has recently been found at fault by the Ombudsman because: ‘....it did not properly consider whether Mrs Y’s needs could be met with 24-hour care at home, instead applying a blanket financial decision contrary to the relevant legislation.’
‘The Council repeatedly stated its position that it does not fund 24-hour care at home. The Council failed to take a holistic approach and instead fettered its discretion by applying a blanket financial approach rather than considering each person’s needs on a case by case basis. This is contrary to the Care Act 2014 and the Guidance. This is fault.’
‘...Section 11.2 of the Guidance says “Local authorities should not have arbitrary ceilings to personal budgets that result in people being forced to accept to move into care homes against their will”.’
Download from the full case from HERE.
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