End In Sight For Free Care Waiting Lists

Councils could be forced to scrap waiting lists for free personal care for the elderly after a landmark ruling by the public services watchdog. Professor Alice Brown yesterday criticised Argyll & Bute Council for refusing to pay the care home costs of a 90-year-old man for four months earlier this year.

The man – identified only as Mr A – in Professor Brown’s judgment, was moved into a home in February, but the council did not pay his costs until June, as it claimed it had not been given enough funds by the Scottish Executive.

However, when Mr A’s son complained to the executive, he was told it was up to the council to sort out the problem.

Caught in the middle of a row between council and executive, the man’s son, Mr C, complained to Professor Brown as the Scottish Public Services Ombudsman. She yesterday upheld the man’s complaint against the council, and said it should not have operated a waiting list for care payments. She also recommended Argyll & Bute repay Mr A’s costs for the four months it skipped.

The ruling, Professor Brown’s first on free personal care waits, has far-reaching implications for councils. If they are now forced to axe waiting lists, it may lead to a rise in council tax or raids on other service budgets to meet the immediate costs of FPC.

Councils claim ministers under-fund the policy by some £80m a year. Professor Brown’s recommendation that Argyll & Bute repays the months it missed could also lead to a clamour for retrospective payments from hundreds of others forced to wait.

The issue of waiting lists blew up earlier this year when it emerged half of Scotland’s 32 councils were operating them, despite the 2002 act which introduced free personal care saying it should be provided whenever a person is assessed to be in need of it.

Until yesterday, councils had justified waiting lists by relying on a six-year-old judgment by Lord Hardie that waiting lists can be used for some services.

But Professor Brown said that, despite operating in a clear and consistent manner, Argyll & Bute had failed to meet its statutory duty under the 2002 act.

She said she was pleased the executive was now reviewing the operation of free personal care but remained “concerned that the inevitable time delay in conducting such a comprehensive review does not address the immediate problems of many individuals like Mr A”.

However, she did not uphold a complaint against the executive.

Argyll & Bute said the finding raised wider issues which it would discuss with ministers and Cosla, the council umbrella group. The executive said it would consider the findings alongside the results of its own review in the new year.