Nancy's case shows flaw in council care (From Barry And District News)

Nancy's case shows flaw in council care

A BARRY woman waiting at Llandough hospital for a care home place has highlighted a potentially illegal practice.

The case of Nancy Lawrence, an 84-year-old who is no longer able to walk or care for herself, may mean the Vale of Glamorgan Council is acting illegally by operating a waiting list policy for elderly people in need of residential care.

Mrs Lawrence has been at Llandough Hospital since December 2003 while the council seeks a suitable home for her.

In a letter to Nancy's son Ian Lawrence, Denis McDonald, head of community care and health at the Vale of Glamorgan Council, said: "If the funding required is to be agreed, then the social worker has to present details of the outcome of their work to a social services allocation panel. A strictly date-ordered waiting list is compiled in order to ensure that when funding becomes available individuals are placed in a priority order."

However, MJ Shanahan, director of the older people and long-term care policy directorate at the Welsh Assembly Government, believes the Vale's date-ordered waiting list system may be unlawful.

This view was echoed by Jane Hutt AM.

The Health Minister said: "Under the terms of section 47 of the NHS and Community Care Act 1990, if a person appears to be in need of a community care service which a local authority is empowered to provide, then the local authority must undertake an assessment of need and decide whether or not they should meet any identified needs. Once a decision to provide a service has been taken then the service must be provided and again without any reasonable delay.

She added: "What is reasonable should depend on the individual circumstances of each case, rather than the resource implications for the local authority."

Denis McDonald added: "The need to prioritise funding is due to the massive demands upon the Council's budgets."

"This local authority very much regrets that necessary action to manage within financial limits, set by the Welsh Assembly government, has such a detrimental effect upon vulnerable residents of the Vale of Glamorgan."