Not at Fault

Councils are normally found not to be at fault if the LGO finds that the Council demonstrated it considered all the information sufficiently, stuck to its own policies and procedures, and did so in line with what is generally believed to be the current state of the law regarding its statutory duty.

If a decision is so irrational as to have emerged ONLY through a flawed approach, then even if there is no fault in the process, the LGO will often find fault simply based on the absence of any coherent reasoning. Likewise if an outcome turns on a decision as to the meaning of a word in legislation that is contrary to existing case law on that wording, the LGO will often find that it was not open to the council to reach that opposite conclusion.

It should be quite easy to be found not at fault by just being reasonably well informed about the legal framework and following statutory guidance; but it is common that even that is beyond councils. The LGO has to decide that there is fault in the way the assessment was carried out, rather than the outcome of the assessment. Sometimes the Council offers to carry out another assessment; if a Council shows willingness to consider the impact its decisions have on family members and the affected person, the LGO may be satisfied with the Council’s approach. These cases highlight that the LGO does not often interfere with day to day decisions so long as the correct procedures are followed.

Brighton & HoveBrighton & Hove City Council not at fault for its reassessment outcome, its advocacy appointment procedure or lack of interim payments pending re-assessment19 001 190
CroydonLondon Borough of Croydon not at fault for its decision to keep a couple in their current care home, as it followed the Code of Practice set out in the Mental Capacity Act 2015 properly.19 007 129
LewishamLewisham Council not at fault for not allowing a person to travel abroad19 011 488
KentLGO declined to investigate a complaint that an NHS Trust attempted to transfer care to Kent County Council without telling the family20 006 958
WorcestershireWorcestershire County Council not at fault for the information it provided regarding third-party top-up fees, but at fault for failing to complete an annual review of the third-party agreement, and failing to check if the third-party was able to pay the fees19 017 588
SeftonSefton Council not at fault in failing to carry out a financial assessment and charging the full cost of care19 002 633
WiganWigan Metropolitan Council found not at fault in supporting housing needs18 006 686
Brighton & HoveBrighton & Hove Council NOT at fault with regard to its approach to a finding of non-eligibility19 002 889
LincolnshireLincolnshire County Council not at fault for finding a deliberate deprivation of assets18 013 220
SuttonLondon Borough of Sutton found NOT at fault in carrying out a care and financial assessment18 019 872
Windmill Care LimitedCare Provider not at fault for its visiting policy or risk assessment during the COVID-19 pandemic20 008 688
DorsetDorset Council found not at fault for upholding a charge after receiving inadequate information about an increase in income 20 013 611
WestminsterWestminster City Council not at fault for changing its practice of not asking for DRE receipts21 009 408
WiltshireWiltshire Council found not at fault over its approach to financial assessment regarding the service user’s debts21 016 067
LancashireLancashire County Council not at fault for charging and pursuing a third-party top-up fee19 006 782
Bury Metropolitan BoroughLGSCO reminds us that powers under a Health and Welfare LPA only come into force when a person lacks capacity to make that decision for themselves22 017 174
Scroll to Top