Dad owes debt after blunder

By Charlotte Lillywhite - Local Democracy Reporter 16th Aug 2024

Kingston Guildhall (Image via Charlotte Lillywhite
Kingston Guildhall (Image via Charlotte Lillywhite

A dad has been left owing nearly £5,000 to Kingston Council, after it wrongly paid the sum towards his care. A watchdog investigation found Kingston Council paid the cash while it delayed completing an assessment of the man's finances, which ultimately found he was not entitled to the money.

The Local Government and Social Care Ombudsman report found the dad, named Mr X, could not make an 'informed decision' about how to use the cash due to the delay. His daughter, referred to as Mrs Z, complained this resulted in him spending cash without knowing he was not entitled to it.

Mr X lives with his wife, who receives separate direct payments towards her care. A live-in carer supported the couple, who used savings to cover the full costs.

With the couple's savings dwindling, the council was asked for help. The authority decided in April last year Mr X needed three daily visits to help him with his own care and taking medication.

The council set up a weekly direct payment of £189 into an account for Mr X, while it completed an assessment of his financial needs. Mrs Z said she began using this cash towards the costs of the live-in carer.

But the council told Mr X in October he was not eligible for the payment. It sent him an invoice requesting repayment of the £4,860 it had already paid into the account. Mrs Z immediately stopped using the cash and complained to the authority that it had taken more than six months to complete the assessment and notify Mr X.

The council later accepted it did not complete the assessment within the expected 10-day timescale. The ombudsman said it considers a financial assessment should be completed before a care plan is issued so that people can make 'informed decisions'.

The report said: "I have not seen anything to show the council explained the money paid into the direct payment account could be recovered in full. This is fault and meant Mr X and Mrs Z were unable to make an informed decision."

It added: "However, I take the view that it is more likely than not that even without the delay in completing the financial assessment, the family would have continued to employ and pay for the live-in carer. Mr and Mrs X continued to receive the level of care required to meet their needs.

"I consider the council can seek recovery of the money it paid in error but have made a recommendation… regarding the timescale for this."

The council reassessed Mr X's needs in January and found he required five hours of support of day, which was much higher than it previously decided.

The authority agreed to discuss an affordable repayment plan with Mrs Z for the £4,860 it wrongly paid. It had already offered a payment of £500 to the family for the distress they were caused, before the watchdog investigation, and improved its procedures.

A Kingston Council spokesperson said: "The council acknowledges it was delayed in completing the financial assessment process. A formal apology, as well as a financial remedy, has been issued to the family due to the distress caused. The council has adapted its processes to ensure that this situation does not occur again in the future."

     

New kingston Jobs Section Launched!!
Vacancies updated hourly!!
Click here: kingston jobs

Share:


Sign-Up for our FREE Newsletter

We want to provide kingston with more and more clickbait-free local news.
To do that, we need a loyal newsletter following.
Help us survive and sign up to our FREE weekly newsletter.

Already subscribed? Thank you. Just press X or click here.
We won't pass your details on to anyone else.
By clicking the Subscribe button you agree to our Privacy Policy.