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Arbitrary funding caps are contrary to the Care

Next time you, or someone you support, is offered a package of care based on a weekly amount, pause and ask ‘is this meeting my needs’?

A recent decision by the Local Government and Social Care Ombudsman against Wiltshire Council served as a reminder that setting arbitrary funding bands or caps on the amount a council pays for care is contrary to the Care Act 2014. The Care Act 2014, supporting regulations and Statutory Guidance is clear: councils have a legal duty to meet all eligible needs ‘regardless of the cost’. However, councils do also have to account for spending public money. While they have to meet all eligible needs they must use public funds wisely and can decide on how those needs are met. So, if there is a choice between two services that can meet the same needs and one is significantly cheaper, guess which one the council will prefer...


For further information or if you have a query regarding Care Fees, our Specialist Health & Community Care Team can help - call 01926 491181 or email


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