Bury Council has been ordered to pay hundreds of pounds in compensation after it incorrectly tried to limit the cost of care for a woman with cerebral palsy. A local government ombudsman investigated a complaint made by a woman living with the condition, which severely affects her speech.
The woman, referred to in the investigation as Miss X, has a support package which provides a care worker two mornings per week to assist her. Miss X also employs Mrs Y as a personal assistant for help at times throughout the day.
In February 2022, Bury Council said the the care agency she was using charged more than the council’s hourly rates, which had an upper limit of £15.54. The council called Mrs Y and said personal budget policy stated it would generally only pay the same hourly rate it paid other people and providers it commissions.
Mrs Y said changing care agency would be difficult for Miss X as her current care worker understands her speech. The council said to remain with the same care agency, Miss X could pay a top-up fee. However, the ombudsman said that care and support statutory guidance says councils should not set arbitrary upper limits on the costs it is willing to pay to meet needs and doing so would not deliver an approach that is person-centred or compatible with public law principles.
After a complaint was made to the council they said it did not consider Miss X had exceptional circumstances to allow the additional rate.
The report said: “The council later re-investigated Mrs Y’s complaint. It recognised fault and said it should have considered Miss X’s case as an exceptional circumstance. It apologised to Mrs Y and said it would make no changes to Miss X’s package of care.
“It said it should not set arbitrary upper limits on the costs it is willing to pay it would learn from this to prevent this situation from occurring again.” The ombudsman ordered the council to apologise to Miss X and pay Mrs Y £150 for the unnecessary time and trouble she spent complaining to the council.
They have also paid Miss X £150 for the distress caused by the faults identified. The council was also told to issue written reminders to relevant staff about the care and support statutory guidance which says councils should not set arbitrary upper limits on costs it is willing to pay for care.
A spokesman for Bury Council, said: “We fully accept the ombudsman’s ruling and have apologised to the complainants and paid the compensation. We are currently undertaking a policy review to prevent such a situation occurring in the future.”
READ NEXT:
- The tragedy of an 'adored' dad-of-three, 29, killed in tram crash
- Mum left with bald patches after 'drunk woman' hurled abuse and ripped out her hair in attack that halted Lewis Capaldi gig
- 'Selfish' parents caught parking across driveways near primary school
- The hilltop trail in Greater Manchester with stunning views on a clear winter’s day
- Perverted loner who took hundreds of pictures of women's bottoms is now behind bars
