This section contains information about recent case law and reports from the Local Government and Social Care Ombudsman in relation to complaints made against local authorities. Click on the links below to view the relevant sections:
January 2018: Council loses Case regarding taking Personal Injury Awards into account in Financial Assessments
The High Court has thrown out an application for a judicial review into whether personal injury awards can be taken into account during financial assessments of people with eligible care needs. Click here to view the ruling: Court rejects challenge to LGO finding on personal injury awards and care needs
November 2017: Council loses re Section 117 Funding
A council lost an appeal over whether a person who has been compulsorily detained in a hospital for mental disorder under the Mental Health Act 1983 and has then been released from detention but still requires after-care services’ (s117) is entitled to require his local authority to provide such services at any time before he has exhausted the sums received in damages from his personal injury claim. Click here to view the ruling: Council loses Appeal over After-care Services and Personal Injury Damages
September 2017: Court of Appeal finds for Council in first appeal on Care Act 2014 provisions
The Court of Appeal has dismissed a disabled man’s (Luke Davey) appeal over a decision by a county council to reduce his personal budget from £1,651 to £950 per week and revise his care and support plan. Click here to view the ruling: Court of Appeal finds for council in first appeal on Care Act 2014 Provisions. Click here to view Lessons for Social Workers from Luke Davey’s Care Act Appeal (Community Care)
April 2018: Council ignores medical evidence when deciding man’s housing application: Croydon council failed to take into account a man’s life-threatening health conditions – despite receiving letters from his specialists – when it decided the type of homes he could apply for, the Local Government and Social Care Ombudsman has found.
March 2018: Bradford Council was at fault for failing to involve a family in its decision to trial an assistive technology solution for their sister, a Local Government and Social Care Ombudsman report has found.
February 2018: The Ombudsman’s report found that Kingston-upon-Hull Council confused assessment of Mrs X’s eligible needs under the Care Act 2014 with questions about what support she needed and how it should be funded
February 2018: Mr N, who has autism and other needs, and his mother had been in receipt of support which included one-to-one care, transport costs and a placement in a care centre. However, the London Borough of Bromley significantly cut the level of support at short notice, without reassessing the family’s needs, leaving the man’s mother to support her son during the holidays. The Ombudsman found fault causing injustice and recommendations are made in the report.