Your browser is no longer supported

For the best possible experience using our website we recommend you upgrade to a newer version or another browser.

Your browser appears to have cookies disabled. For the best experience of this website, please enable cookies in your browser

We'll assume we have your consent to use cookies, for example so you won't need to log in each time you visit our site.
Learn more

Digest: High Court backs ombudsman on injury awards

  • Comment

A High Court ruling has clarified that councils cannot take personal injury awards into account when carrying out financial assessments for social care packages, the Local Government and Social Care Ombudsman has said.

In July 2015, Wokingham BC assessed a woman who received a personal injury payment in 1998 for medical negligence as needing a care package totalling £3,910 per month.

However, the council did not start making the payments until October, arguing the woman’s personal injury payment should have been sufficient to cover her care costs.

In February last year, the ombudsman said the council should not have taken the personal injury award into account.

This decision was challenged by Wokingham at the High Court but the council’s case was found to be “totally without merit”.

Local government and social care ombudsman Michael King said: “Councils can be clear about the way we will look at any similar cases that come to my office in future.”

“I now urge Wokingham council to consider the report as a matter of urgency and pay the woman the money she is entitled to.”

  • Comment

Have your say

You must sign in to make a comment

Please remember that the submission of any material is governed by our Terms and Conditions and by submitting material you confirm your agreement to these Terms and Conditions.

Links may be included in your comments but HTML is not permitted.