Eligibility Findings

One is not eligible for a service, one is eligible for HELP, and the response to the eligible need is for the care planner to decide about, using their professional competence, and subject to judicial review challenges on the usual grounds.

The LGO prefers to not to stray onto the sphere of the assessor’s expertise, and continues to consider whether the process in deciding eligibility was reasonable, rather than the findings themselves. Councils are not at fault for failing to find people eligible, if the Council followed the proper process.

However, if assessments indicate no change in needs, but the Council removes aspects of support, the LGO is more likely to come to a conclusion that Council acted contrary to guidelines, and find fault. It is possible for that to happen lawfully, but not easily. A change in the price for care, or a change in the means for delivering care, would be other reasons a plan could be cut.

Name of CouncilTitle of ReportNumber
BromleyLondon Borough of Bromley at fault for failing to consider sufficiently if a care home could meet a person’s needs19 001 438
Brighton & HoveBrighton & Hove Council NOT at fault with regard to its approach to a finding of non-eligibility 19 002 889
DevonDevon County Council found not at fault in deciding that a person had no eligible needs 18 014 336
HertfordshireHertfordshire County Council at fault for its policy which states it does not meet identified needs for support to maintain a habitable environment19 000 200
KirkleesKirklees Council at fault for removing respite care and setting arbitrary limit to funding19 008 980
North YorkshireNorth Yorkshire County Council at fault for failing to properly consider the need for maintaining a habitable home and being properly dressed19 013 234