Council pays almost £20,000 in care home fees after denying woman funding

Squabbling over who would pay for the care of a woman with dementia, has led to a 10-month delay in the assessment of her care needs, prompting Hackney Council to get a financial slap on the wrist from the Local Government Ombudsman.

Referring to the care home resident as 'Mrs Y', the London Borough of Hackney initially agreed to fund her care in a nursing home at the time of her discharge from hospital in 2014. However, her daughter decided she wanted her to live at home and so the London Borough of Hackney agreed to pay for home care. This included four calls a day with two care workers involving five hours a day of paid care.

However, Mrs Y became the subject of a dispute between two London councils after her daughter ‘Mrs X’ realised she could not care for her at home and moved her into a care home in a different borough but asked Hackney Council to provide financial assistance.

The council in the other borough argued the woman was still a Hackney resident and should therefore be assessed by Hackney. In August 2015, Hackney Council assessed Mrs Y determining she was eligible for social care services and needed support with nutrition, personal care and staying safe. Hackney agreed to fund the woman’s placement at the care home from October 2015 but this still left 10 months of unpaid care fees. Following an ombudsman investigation, Hackney Council was ordered to pay for the fees between November 2014 and October 2015, which totaled £19,898 as well as the family’s solicitor fees.

In its investigation report, the watchdog stated: ‘The Council delayed for nine months in carrying out an assessment of need. This is fault and caused financial loss. On a balance of probability, had the assessment been completed when it should have been, the Council would have taken over funding the placement from the end of November 2014.

‘Where two or more local authorities fall into dispute over a person’s ordinary residence, and that dispute cannot be resolved locally, the authorities may request a decision from the Secretary of State for Health.’ The ombudsman also said during disputes, services should never be delayed because of confusion about which authority is responsible and disputes should be referred to the Secretary of State within four months.

Michael King, the local government and social care ombudsman, said: “Hackney’s delay in assessing this woman’s needs left a family with the uncertainty of not knowing whether the council would foot the bill for her care. It should not have taken both a solicitor’s letter and my investigation for the council to recognise its duties towards her.

“The council has agreed to my recommendations and I hope other councils will learn from this complaint and ensure staff are aware of their proper duties when assessing care needs.”

A spokesperson for Hackney council said: “We fully accept the Local Government Ombudsman’s recommendations and findings and have already taken action as requested.

“Lessons have been learnt to ensure that there are ongoing discussions with loved ones in situations like this and we urge people to let us know of any change to their circumstances and when they arise.”