Dad told to repay care costs after council delays

Kingston Council accepted the delays to the man's financial assessment were too long

A father has been left owing nearly £5,000 to a south-west London council after it wrongly paid for his live-in carer for six months.

Kingston Council transferred £189 a week during a delayed assessment of the man's finances, then told him months later he had to pay it all back.

The Local Government and Social Care Ombudsman report found the man could not make an informed decision due to the delays, which meant he spent the money without knowing he was not entitled to it.

The council has apologised to the family and said it had issued "a financial remedy".

Delayed decision

The man, referred to as Mr X, lives with his wife, who receives separate direct payments towards her care.

A live-in carer supported the couple, who used their savings to cover the full costs.

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

His daughter, referred to as Mrs Z, said she began using this towards the costs of the live-in carer.

But in October, the council told Mr X he was not actually eligible for the payment - and sent him an invoice requesting repayment of the £4,860 it had already paid.

Mrs Z immediately stopped using the money and complained to the authority that it had taken more than six months to complete the assessment and notify Mr X.

'Unable to make an informed decision'

The council later accepted it did not complete the assessment within the expected 10-day timescale.

The ombudsman said a financial assessment should be completed before a care plan is issued so that people can make informed decisions.

“I have not seen anything to show the council explained the money paid into the direct payment account could be recovered in full," said the ombudsman in the report.

"This is a fault and meant Mr X and Mrs Z were unable to make an informed decision.”

The ombudsman added that, even without the delay in completing the financial assessment, the family would have continued to employ and pay for a live-in carer.

"Mr and Mrs X continued to receive the level of care required to meet their needs," said the report.

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

After reassessing Mr X’s needs in January, the council found he required five hours of support a day, which was much higher than it had previously decided.

It agreed to discuss an affordable repayment plan with Mrs Z for the £4,860 it had wrongly paid.

It had already offered a payment of £500 to the family for the distress they were caused and said it had improved its procedures before the watchdog investigation.

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."