Council which failed to consider a young disabled man’s exceptional circumstances whe

[Legal Beagles]

Cheshire East Council has been sanctioned by the Local Government Ombudsman for failing to consider a disabled man’s circumstances when refusing him care payments.The young man was a full time university student when he sustained a major spinal injury, leaving him requiring a high level of care.Working time regulationsThe council assessed him as needing 56... Read more »
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Recommendations

The ombudsman recommended the council should take a number of steps to remedy the situation:

The council should apologise to the family and review a number of its procedures
It should reconsider its decision, taking into account government guidance on balancing choice and risk. It should discuss and update the man’s support plan and direct payment agreement to include his social hours, and share it with him
The councils should pay the mother the equivalent cost of the 76 hours per week care she has provided from 6 January 2014 until the date it retakes its decision about the number of hours her son may employ her
It should also pay the man £250 and his mother a further £350 in recognition of the distress caused by the decision, and the time and trouble taken in bringing the complaint to the local government ombudsman

The council has agreed to carry out these recommendations.