Ombudsman Condemns ‘Confused And Inconsistent’ Elderly Care Rules

The care home system across Scotland was branded “confused and inconsistent” by an official watchdog yesterday, after it emerged that a council had refused to cover the costs of an elderly resident just because he had owned a house nine years before.

Professor Alice Brown, the Scottish Public Services Ombudsman, called on the Scottish Executive to review the way care homes operate, after ruling on a case involving East Dunbartonshire Council.

The council had refused to cover the care costs of the 88-year-old man, claiming that he had owned a house until he was 79 and at that time had passed the house over to his son.

East Dunbartonshire argued that because the elderly man had signed his house over to his son without payment, the value of the home should be used to pay for care costs.

But Prof Brown ruled against the council and ordered it to assess the man’s care costs, excluding the value of his former home. She also ordered East Dunbartonshire to apologise to the elderly man.

The ombudsman used the case to call for wider changes at an Executive level as well.

Prof Brown’s report will set a precedent, preventing other councils from acting in the same way, and could save families the heartache of selling family homes that have already changed hands, in order to pay for care costs.

In her report, Prof Brown said: “I am concerned again that the current system is confused and inconsistent throughout Scotland, and in particular that there is no recognised, independent appeals process for such financial assessments and decisions.”

She also expressed concern that different policies exist over the issue of who pays when property has been transferred to relatives for no cost – known as “love, favour and affection” – no matter how long ago it changed hands.

The ombudsman said that it denies the public the certainty needed for proper financial planning.

Her report said: “It is not for this office to determine what time limits there should be, or what consideration should be given to the reasons for the transfer of property for ‘love, favour and affection’.

“However, the current regulation is causing distress to a vulnerable sector of the population and placing a disproportionate administrative burden on councils.”

The ombudsman has sent a copy of the 19-page report to the Executive’s health department, asking for changes to existing guidance and regulations to be considered.

East Dunbartonshire Council has accepted the findings of the report and has agreed to review the case and its current policy

A council spokeswoman said: “The ombudsman stated that she had considerable sympathy for the council employees who were faced with reaching a decision in the case and who made an honest endeavour to reach the appropriate decision.

“It should, however, be noted that each assessment is different and therefore the council’s decision in this case does not affect other assessments.

“The council has indicated that it would be willing to participate in a meeting with representatives of the Scottish Executive to discuss the issues raised in this case.”

An Executive spokeswoman said: “We believe that the guidelines are clear, but at the same time allow local councils the necessary flexibility to interpret individual cases.

“Nevertheless, we are happy to consider the Ombudsman’s recommendations carefully to see what further changes can be made.”