Councils failing to use powers to recoup money payable towards care home fees: report

Fewer than one in seven local authorities have used legal powers available to recoup money where individuals have deliberately deprived themselves of assets to avoid paying care fees, a BBC report has claimed.

A freedom of information request by 5 Live Investigates revealed that 16 out of 121 local authorities had used the powers.

Financial advisers criticised local authorities for this inconsistency in approach.

George Hodgson, deputy chief executive of The Society of Trust and Estate Practitioners, told the programme: “The huge variation between local authorities means the first question advisers are asking is: where do you live?

“There's no confidence that the rules, as written down, will be applied consistently. It's not just the local authorities, the government needs to come to a clear position on what it's going to do about this problem."

But Peter Hay, president of the Association of Directors of Adult Social Services, pointed out that it was hard to prove in court that a person deliberately intended to deprive themselves of assets. He also said that the costs of legal action could turn out to be higher than the sums recovered.

The 5 live investigates podcast can be downloaded here.