The Local Government and Social Care Ombudsman has found Essex County Council at fault in how it considered two separate women’s Disability Related Expenses (DREs).
Court-Appointed Deputies make decisions about the financial affairs of the women, because they cannot do this for themselves.
The Council argued that these Deputies cost more than the rates for its own Deputies, and as such, it was not reasonable to treat the higher cost as a Disability Related Expense.
The Care Act states that councils should take into account the expenses an individual incurs directly related to a disability when assessing how much they should contribute towards their care.
The Ombudsman found that because both Deputy Services were appointed by the court, it was not a case of the women wanting a more expensive service. In addition, the council could only change the Deputy acting on behalf of the women through an application to the court, so the council’s service was not reasonably available to the women.
Michael King, Local Government and Social Care Ombudsman, said:
“The council appears to be fettering its discretion when considering these women’s cases. The Guidance says the council may decide not to allow DREs where a cheaper alternative is available.
“However, in these cases, the council appears to have decided that, as there is a cheaper option, it automatically means it will not allow the full fees, rather than considering the specific circumstances.
“I am pleased the council has agreed to revisit its assessment of the two women’s circumstances, and hope this will clarify their position regarding the expenses they are receiving.”