Restitution for labour expended or money spent when the council has been unable to meet needs

Staffordshire’s proposed 30% cut on a revision exercise exposed as without justification whilst blamed on the RAS; and failure to apply regular increases in the DP rate to the package was ‘fault’

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Civil Proceedings, Financial Compensation and Restitution, Complaints System and the Ombudsmen, Council's Complaint Procedure LGO, Direct Payments LGO, Due process rights in care planning, Employing family members with a Direct Payment or health budget, Failings to Assess, Reassess, Review LGO, Indicative Budgets for Care Planning, Intro to Ombudsman reports RE 'Fault' in the context of how councils run complaints internally, Intro to Ombudsman reports RE Restitution, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Restitution for labour expended or money spent when the council has been unable to meet needs, Restitution LGO, Reviews and Revisions (cuts or changes to content) /

Decision Date:   15 May 2024 Summary: A mother complained about the way Staffordshire approached reviewing her daughter’s care with a suggested cut, and respite entitlement. Direct payments were paid at the wrong rate, for years. After the mother complained, the council raised removing the permission for family members to provide paid care and suggested another […]

Staffordshire’s proposed 30% cut on a revision exercise exposed as without justification whilst blamed on the RAS; and failure to apply regular increases in the DP rate to the package was ‘fault’ Read More »

Haringey Council at fault for delaying a funding panel’s decision several months after a man’s capital was known to have depleted, before organising a care home contract

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Choice of Accommodation and Top-Ups LGO, Choice of Accommodation post Care Act, Civil Proceedings, Financial Compensation and Restitution, Delay and non-commissioning, Delay In General LGO, Failings to Assess, Reassess, Review LGO, Intro to Ombudsman reports RE care planning, and personal budgets, Intro to Ombudsman reports RE Choice of Accommodation, Intro to Ombudsman reports RE Delay in General, Intro to Ombudsman reports RE Failings to Assess, Reassess, Review, Intro to Ombudsman reports RE Restitution, Issues of importance to social care service providers, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Restitution for labour expended or money spent when the council has been unable to meet needs, Restitution LGO, Reviews and Revisions (cuts or changes to content), Reviews, Revisions and Re-assessments under the Care Act, Timeliness and the duty to meet needs - unconscionable delay, Top ups and Additional Payments, Topping Up a budget for health or social care services /

Decision Date: 16 May 2024 Summary: Haringey Council’s ASC panel took several months to consider a man’s application for care commissioning, which meant he continued paying the full private cost of his own care for longer than he needed to. The council was persuaded to make separate remedy payments to Mr B’s estate and to

Haringey Council at fault for delaying a funding panel’s decision several months after a man’s capital was known to have depleted, before organising a care home contract Read More »

Delay

Leave a Comment / Care Planning, Budgets and Choice Rights, Civil Proceedings, Financial Compensation and Restitution, Complaints System and the Ombudsmen, Delay and non-commissioning, Judicial Review, Local Authorities’ Monitoring Officer, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Restitution for labour expended or money spent when the council has been unable to meet needs, The legal issues when commissioners ae unable to find businesses from whom to buy services, The relevance of a council's financial resources for delay and the running of waiting lists for meeting eligible unmet needs, Timeliness and the duty to meet needs - unconscionable delay /

Delay in assessment and provision decision-making, and in actual provision of a service thereafter, is a constant concern to authorities. It can happen by reason of inadequate resources, on a corporate-wide or a departmental basis, or because of lack of staff time or money, (and staff shortages can have more to do with the general

Delay Read More »

Sandford v London Borough of Waltham Forest [2008] EWHC 1106 QB

Leave a Comment / Care Planning, Budgets and Choice Rights, Delay and non-commissioning, Different kinds of duties known to welfare law, Duties and Discretions, Restitution for labour expended or money spent when the council has been unable to meet needs, The range of services, items, facilities and responses able to be provided under the Care Act, Universal duties to meet eligible unmet needs adequately and appropriately /

This case was brought by the executors of L (S) against the London Borough of Waltham Forest for failing to supply cot-sides to her bed as recommended by an occupational therapist instructed by the council to assess her needs on its behalf as part of its duty under s47(1) National Health Service and Community Care

Sandford v London Borough of Waltham Forest [2008] EWHC 1106 QB Read More »