NORTH Yorkshire County Council has paid £500 to a woman following a complaint to the Local Government Ombudsman over the handling of a care home placement for her mother.
Ombudsman Anne Seex was asked to interpret the law on whether the mother could pay, from her own resources, the difference between the rate charged by a home chosen by her family and that available in other homes.
She also investigated whether the authority properly considered the assessed needs of the mother - who needed residential aftercare under the 1983 Mental Health Act following compulsory detention for treatment - when deciding that a home at the council's usual costs was suitable.
Mrs Seex said the authority at first claimed that only a third party could meet the additional costs of a home chosen by the family, but then reviewed that decision and concluded it would be reasonable for the mother to meet the difference.
The council said a home in its area had vacancies to meet the mother's needs and refused to pay any more than its fees.
Mrs Seex said the mother's care plan included frequent contact with family members, but the home identified by the council was difficult for them to reach.
She said the council now accepted that the home chosen by the family was appropriate and it would meet the full costs.
Mrs Seex, who found the council guilty of maladministration, said it had not properly considered whether the home it identified would meet the mother's needs and had delayed reviewing a decision on a third party payment until after it had received family and legal representations.
A council spokesman said it had formally apologised to the complainant for any distress unintentionally caused.
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