Personal injury awards cannot be taken into account by councils carrying out financial assessments, the Local Government Ombudsman has clarified.
Wokingham Borough Council had argued that a woman’s award in 1998, which was administered by a deputy appointed by the Court of Protection, was enough to cover her care needs. The Ombudsman disagreed. The council then sought a judicial review of the Ombudsman’s decision, but the High Court found the council’s case ‘totally without merit’ and threw it out.
The woman’s award was for medical negligence dating back to 1975. Her representative had approached Wokingham for help, and the council assessed her as needing a care package worth £3,910 per month.
Ombudsman Michael King said: ‘The judge has ruled and confirmed our interpretation of the law was within the range of reasonable responses. Councils can be clear about the way we will look at any similar cases that come to my office in future.’
