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Decision Report 201909723

  • Case ref:
    201909723
  • Date:
    July 2022
  • Body:
    Fife Council
  • Sector:
    Local Government
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Policy / administration

Summary

C complained about a financial assessment carried out in respect of their parent (A)'s, care costs. C complained that the council wrongly determined that in transferring the title to A's property to C three years previously, A had intentionally deprived themselves of capital to avoid paying residential care costs. C disagreed with the council’s decision to treat the value of the property as notional capital when calculating the costs that A owed.

There followed extensive communication between the council, C and C's solicitor. According to C, A had no expectation of going into care when they transferred the property, or at any point in the future. C said that A was a very active, intelligent and healthy individual who had every intention of remaining in the same home for the rest of their life. Nor, as far as C was aware, had A had any thoughts of disposing of some of their assets to avoid paying for care in the future.

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Updated: July 20, 2022