Overview
The complainant (Mrs C) complained that Clackmannanshire Council (Council 1) failed to continue Free Personal Care (FPC) payments for her aunt (Miss A) following her move to a new residential home (Care Home 2) in Fife. Mrs C also complained that Council 1 adopted a very aggressive and bullying attitude to family members when they had requested that Miss A be moved to residential care nearer to her family (in Fife).
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) Council 1 failed to provide Free Personal Care payments for Miss A following her move to Fife (not upheld); and
- (b) Council 1 failed to properly administer arrangements for Miss A's move (not upheld).
Redress and recommendations
The Ombudsman recommends that Council 1 and Fife Council (Council 2), as a matter of urgency, prepare and submit an appeal for determination of the ordinary residence of Miss A by the Scottish Ministers in terms of sec 28 of Circular No. SWSG 1/96. Following such a determination appropriate payments should be made to Miss A and (if necessary) Council 2 so that all parties are returned to the position they should have been in from 22 December 2005. The appropriate Council should then take ongoing responsibility for Miss A's FPC payments.
Council 1 and Council 2 have both accepted this recommendation and will take the necessary steps to request a review by the Scottish Ministers.