Social Care Financial Assessments and Personal Injury Disregards

The Local Government Ombudsman (LGO) recently issued a very clear statement to local authorities regarding personal injury disregards and Deputyship cases during the financial assessment process for adult social care.

The LGO statement follows the High Court throwing out an application for a judicial review made by Wokingham Borough Council.The council had attempted to challenge a LGO decision made in February 2017 on the grounds the financial assessors could take into account an applicant’s personal injury award.The High Court judge dismissed the council’s case as ‘totally without merit’.

Recent PFP dealings with local authorities, LGO findings and their long-running dispute with St Helens Metropolitan Borough Council suggests financial assessors are asking more and often unnecessary questions about personal injury awards during the financial assessment stage.

The press release, summary and link to the Wokingham case can be found at:

https://www.lgo.org.uk/information-centre/news/2018/jan/clarity-for-councils-about-way-ombudsman-will-investigate-financial-assessment-complaints