Ombudsman calls for end to care home fees confusion

A watchdog has added his voice to concerns over Scotland’s postcode lottery in how councils calculate care home fees.

The Scottish Public Services Ombudsman Jim Martin said there is a perceived unfairness by the public about differing interpretations of national guidance on charging for residential care costs.

Ending such perceived unfairness has also been highlighted by the Labour Party who made it a manifesto pledge.

The Ombudsman made the comments after upholding a complaint about the handling of people’s concerns over the transfer of property to children when an elderly parent went into a care home. The cases involved South Lanarkshire Council.

In one case a family believed the value of the house would not go to care bill calculations but it rightly did.

In this case the Ombudsman said the Social Work Complaints Review at South Lanarkshire did not properly explain their decision to the family.

He said a couple named as Mr and Mrs B executed wills that their entire estate should pass to each other, then their daughter and son in law.

Mr B died in March 2001 and Mrs B’s health deteriorated in 2008 when she went into two care homes before dying last year.

South Lanarkshire Council sought to recover from the late Mrs B’s estate the £8738.16 costs they had incurred in the two care homes. Mrs B’s family complained but the council maintained its position.

The Ombudsman did not make a judgment on that decision yesterday.

But Mr Martin told the council it should provide an adequate explanation for its decision.

He said: “On the one hand, public bodies have a duty to safeguard the public purse … on the other hand, where an asset was disposed of many years ago the council are required to establish whether avoidance of residential care charges was a significant part of the motivation, and to justify their decision.

“On the basis of the two investigations published today, and others that are currently under consideration by my office, I am concerned that there may be a perceived unfairness by the public about the differing interpretations of the guidance by local authorities.

“It would be difficult for the ordinary citizen to understand why there is a marked difference in the amount of time taken into consideration by different local authorities when considering these disposals.

“I urge the relevant authorities to read these reports and consider whether further guidance might be appropriate.”

Currently councils have discretion to go as far back as they wish when deciding whether a property was agreed to be handed over to a family by someone seeking to avoid it being included in a later care fee calculation.

The Ombudsman also told NHS Lothian to apologise to a family whose complaint about poor care over their father who had Alzheimer’s and died in a nursing home with bed sores and without proper nutrition was upheld.