02 August 2002
Law lords overturned a Court of Session ruling and decided that assets that had been disposed of by the time a person's need for nursing or residential care was being considered could not be taken into account.
The ruling was made in favour of 79-year-old Mary Robertson of Newmills, near Dunfermline. Robertson and her family complained that Fife Council should not include the house she had transferred to her sons in any assessment of her ability to pay for her place in a nursing home.
Representatives of the Convention of Scottish Local Authorities were due to meet with officials from Fife Council and the Scottish Executive on August 2 to discuss the implications of the ruling.
A Cosla spokesman described the meeting as 'an attempt to get behind the ruling'.
Anne McGovern, deputy leader of Fife Council, said: 'We accept this judgement. However, it will have far-reaching implications for local authorities throughout Scotland and could impact significantly on our ability to deliver services to vulnerable people.
'We now have to consider this very complex judgement in detail, along with other councils and the Scottish Executive, before deciding what further course of action to take.'
Ronnie McColl, Cosla's social services and health improvement spokesman, said: 'Make no mistake, this judgement could cost councils a great deal of money.'
PFaug2002
