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Solicitors complained on Mrs S’s behalf that the Cardiff and Vale University Health Board had failed to administer matters in relation to her mother Mrs W’s claim for continuing health care correctly. Mrs W had been in a nursing home since 2002 and was receiving funding for the nursing element of her costs. Her home had been sold to pay for the remaining element of her care home fees.

The Solicitors submitted evidence which they said showed that there had been delay and error in dealing with Mrs W’s assessments for continuing health care and that the Independent Review Panel had also not dealt with matters properly. They alleged that this situation had led to injustice to Mrs W through delay and financial loss.

The Ombudsman found that there had been significant maladministration in two assessments carried out by the Board and that there were failings on the part of the Independent Review Panel, although the second assessment had in fact found Mrs W to be eligible for continuing health care.

The Ombudsman recommended that his report should be brought to the attention of the Independent Review Panel, to consider what further training it needed and that a retrospective assessment of Mrs W’s needs should be carried out under the supervision of an independent person nominated by the Welsh Government. He also recommended that the Board should revise its procedures and conduct a retrospective review of all cases that had been handled in the same way as Mrs W’s in terms of the start date for funding. Mrs S was to receive a payment of £750 and an apology for the failings.

The Ombudsman highlighted to the Welsh Government that there was a lack of appropriate guidance on these matters and it was agreed that such guidance would be introduced.

The Ombudsman decided that the case raised matters of public interest.


A copy of the full report can be downloaded below.