LOCAL AUTHORITY’S FINANCIAL ASSESSMENT SUCCESSFULLY CHALLENGED
Robert Howard recently received a phone call from Billy and Fred, the concerned adult sons of Jack and Ann Bloggs who were in their 80s.Their Dad Jack had serious mobility issues leaving him bedbound. His wife Ann was too frail to care for Jack and it was necessary to call on the adult local authority social services for assistance.
A Home Care Package (HCP) was put in place for Jack’s mobility problems with a financial assessment to follow in the forth coming weeks.
During the financial assessment, Billy and Fred attended on their parents’ behalf as they had Lasting Powers of Attorney for their Mum and Dad. Back in around 2015 Jack and Ann had bought a two up two down terraced house and this was included in the assessment but the home were they lived was excluded under the “mandatory disregard” rule.
On being informed of the ownership of the second property the financial assessor stopped the assessment. Billy and Fred were told that the assessment was a pointless exercise, and the local authority could not assist financially as Jack was clearly a self funder and the second property should be sold as it “has to be worth around £100,000”.
Mr and Mrs Bloggs were worried as they had no savings except for the terraced house.
Jack’s care costs were over £800 every week. The present debt for his care stood at over £24,000 and with no offer of any present or future financial support, Jack was fearful that the debt would rapidly exceed the value of the second property.
Billy and Fred contacted Robert Howard for advice.
The elephant in the room in cases like this is not what is the estimated (or guesstimated!) value of the second property - in this case a vague “around £100,000” - which resulted in no help of financial assistance for Jack.
The approach set out by The Care Act 2014 is to work out what is the market value of the share attributed to Jack given that the property is jointly owned in equal shares by Jack and Ann.
Robert Howard instructed a Chartered Surveyor to assist in calculating as precisely as possible the market value of Jack’s share.
Taking into account various deductions which are allowed under The Care Act, Robert Howard requested that a second financial assessment should be held and made full representations to the local authority and exhibited the Chartered Surveyor’s report and detailed valuation.
On this occasion Jack’s share was agreed at £34,000.
Jack was pleased that the second financial assessment resulted in the local authority retrospectively paying the care costs from the date when his assets fell below the higher capital limit of £23,500.
The local authority are continuing to pay Jack’s care costs, with a modest contribution by Jack from his state pension, and the Bloggs family now know exactly the cost of Jack’s care.
If you require similar advice for yourself or a loved one, just pick up the phone and
CALL ME at my Normanton Office between 10am and 4pm on (01924) 276780
AND outside these hours on (07803) 276780
OR simply message me on this website
I shall be pleased to assist in this complicated area of law.
ROBERT HOWARD
Solicitor
September 2025
