1. How many times has the council used powers to fine people who are found to have “deliberately deprived” themselves to claim aid for care costs since the financial year 2017-18?
2. How much, in cash terms has been paid in this way in the same timeframe (i.e. what was the combined value of the assets)?
The answers for questions 1 and 2 can be found below:
Interpreting the term “fine” as the application of a financial penalty in respect of an action or indirect action, the Council does not “fine” individuals where it makes a decision that a person has deliberately deprived themselves or has been deliberately deprived by someone acting on their behalf.
The Council does exercise it’s powers to charge individuals as though they were still in possession of the deprived funds and takes steps to recover these sums under section 69 of the Care Act and where appropriate from third parties under section 70 of the Care Act.
The Council does not collate specific records in relation to assessments made/funds recovered where this includes a decision of deprivation and compliance with this request would exceed the appropriate cost limit under Section 12 of the Freedom of Information Act 2000 which is £450 or 18 hours of officer time. We would have to conduct a manual review of in excess 15,000 files at 10 minutes per file which is 2500 hours and well over the 18 hours of officer time.
Under the Act, there is a duty to provide advice and assistance as to how a request can be refined to fit within the appropriate limit. Unfortunately, due to the way the data is held, this is not possible for this request.