Ombudsman finds Doncaster Council ‘at fault’ after disabled woman forced to cancel her care

Investigators concluded the council failed to explain to the woman, known as Ms X, how it treats different kinds of mortgages whilst making financial assessments of local people receiving care.

Ms X has a care and support plan and received care for roughly six years prior to the Ombudsman investigation.

The plan included a personal assistant who provided care three mornings a week including help maintaining the home – including cleaning, cooking and washing – as well as providing support at appointments and short trips.

When this care first started Ms X received income support and did not have to financial contribute to her care.

However, in March 2024, Ms X’s circumstances changed and she notified Doncaster Council. She was no longer eligible for income support, but could be eligible for universal credit which would require a financial assessment conducted over the phone.

The Ombudsman report states: “During the conversation, the financial assessor (assessor) asked Ms X about her housing costs. Ms X said she owns her own home which is subject to a mortgage.

“She said she remortgaged several years ago and borrowed extra money (around £4,000) to pay for a new roof and windows which was added to the mortgage. Ms X said she has remortgaged her property several times since then.”

Doncaster Council’s assessor asked for evidence of her original mortgage, adding the additional re-mortgages of her home “was a loan” and “could not be considered” a housing cost in the financial assessment.

The report states the financial assessment is designed to calculate what the care recipient can afford to pay and councils cannot charge more than the costs it incurs meeting the individual’s needs.

People receiving care need to keep a “certain level of income to cover their living costs”, the Ombudsman said.

After being charged by the council for their care, the individual’s income cannot fall below a Government-set minimum income guarantee (MIG).

The Ombudsman concluded: “The Council did not consider Ms X’s housing costs when it completed its financial assessment.”

Assessors asked Ms X for evidence of her original mortgage. Ms X did not provide this and the council pressed on – calculating the financial assessment without any details for housing costs.

By the end of June 2024, Ms X had cancelled her care as she could not afford it.

Following the Ombudsman decision, Ms X told the Local Democracy Reporting Service: “I’ve had no help for nearly a year and it’s awful. I can’t stand to cook, I can’t hoover up, I am relying on my adult children and friends to help me, but I often do too much and end up bed bound in pain and exhausted.”

Ms X complained to the council, asking for the policy which outlines that assessors can exclude the newer parts of her mortgage – which they had declared “loans”.

Unhappy with the responses, the complaint was elevated to the Ombudsman.

The investigation stated: “The policy does not provide any detail or distinguish between an original mortgage and a loan secured against the property. It does not say only an original mortgage will be considered. Neither does it explain how this works in practice.

“The policy does not establish the principle upon which the Council seeks to rely and neither does it provide any guidance on the practicalities. This is fault.”

Additionally, the council told the investigators the Care Act is “silent” on this point and “the council has made this decision using its own discretion”.

In the final decision, the Ombudsman said: “I have completed my investigation. The Council is at fault for failing to explain in detail how it treats different types of mortgages in its policy and applying this to Ms X’s case. This has caused her financial and emotional distress.”

Doncaster Council agreed to a number of actions to be completed following the Ombudsman decision, including an apology to Ms X and £300 for the distress caused.

Additionally, they would update their policy to detail how it considers mortgages and loans secured against a property; conduct a fresh financial assessment for Ms X; postpone charges until the new assessment is completed; and offer a repayment plan to Ms X should any changes be due after this.

Phil Holmes, director of adults, wellbeing and culture at the City of Doncaster Council, said: “We are sorry that our initial financial assessment was not correct. We have accepted the ombudsman’s findings and complied with all of their recommendations.

“We are currently completing a new financial assessment under the guidelines provided. Our main priorities are to ensure that people receive the care that they need and that they only pay what financial assessment indicates they can afford.”