The Care Act and the rights of carers - £1,000 ‘fine’ for a local authority

A recent Ombudsman report found a local authority was at fault for failing to provide a carer/relative with an appropriate support plan as required under the Care Act. The authority was ordered apologise to the person and pay them £1,000 for the distress and trouble caused by this failure. The Ombudsman stated:

‘Although the Council completed a carers assessment, it failed to provide Mrs X with a support plan showing how her needs would be met. Mrs X had no meaningful outcome from the assessment.’

‘The Care Act puts carers on an equal footing with those who have care needs. Councils have a duty to promote the wellbeing of carers and to prevent burn out and crisis.’

‘The Council cannot rely on carers/relatives providing unpaid care. It must determine the willingness and ability of any relatives/carers to provide such care. The Council is treating Mrs X as though she is responsible for providing support to Mr Y, and the Council is responsible only for providing her with breaks from her caring role.’

The Ombudsman’s report can be downloaded from HERE:

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