A father in South London has found himself in debt of nearly £5,000 to Kingston Council after a mistake led to an overpayment towards his care. The council paid the sum before completing a full assessment of his finances, only to later discover that he was not entitled to the money. The Local Government and Social Care Ombudsman report revealed that the delay in completing the assessment left the father, known as Mr X, unable to make informed decisions about how to use the funds. His daughter, referred to as Mrs Z, expressed her concerns that her father unknowingly spent the money he was not entitled to. Mr X lives with his wife, who receives separate direct payments for her care, and the couple had been using their savings to cover the costs of a live-in carer.
As their savings started to dwindle, the council was approached for assistance. In April last year, the council determined that Mr X required three daily visits for his care and medication and started making weekly direct payments of £189 into his account while awaiting a financial assessment. Mrs Z used this money to contribute towards the live-in carer’s expenses. However, in October, the council informed Mr X that he was not eligible for the payment and requested repayment of the £4,860 that had already been deposited into his account. Mrs Z halted the use of the money and lodged a complaint with the council about the lengthy delay in notifying her father.
The ombudsman’s report highlighted the council’s failure to complete the financial assessment within the expected timeframe and noted that Mr X and Mrs Z were not properly informed about the possibility of the money being recovered. Despite the delay, the family would likely have continued employing the live-in carer to meet their needs. The council later reassessed Mr X’s needs and determined that he required five hours of support per day, significantly more than initially thought. They agreed to work out a manageable repayment plan with Mrs Z for the overpaid amount and offered a £500 payment to the family for the distress caused.
Following the investigation, the council has made improvements to its procedures to prevent similar situations in the future. A spokesperson for Kingston Council issued a formal apology to the family and provided a financial remedy for the distress caused. They assured that steps have been taken to ensure a smoother process in completing financial assessments moving forward.
