Deprivation of asset claims. - Find a freedom of information request

I am currently working on a research project looking at social care payments and, in particular, deprivation of asset claims. Favourable opinion for undertaking this research was obtained from the University of Lincoln Human Research Ethics Committee on 27 October 2022 (Reference: 10446), which includes that the findings from the project may be published at a later point. Deprivation of assets claims are covered in paragraph 1.10 in the Lincolnshire County Council 'Adult Care Charging Policy', published in 2020. It notes that decisions whether to pursue deprivation of asset claims are made by the Financial Resolutions Group (FRG).

Pursuant to the Freedom of Information Act 2000, I would be interested in the following information.

1. What specific policies and/or criteria exists within the FRG to determine whether or not to challenge a specific property transaction.

2. How does the FRG identify transactions that they wish to challenge.

3. To what lengths will the FRG go to challenge such transactions, including specifically, will they consider making bankruptcy petitions against people with the view of recovering assets.

4. a. how many investigations the FRG has undertaken into suspected deprivation of assets in the past three years b. how many of those investigations led to a conclusion that the service user had deprived themselves of assets.

c. how many of those service users have successfully complained about that decision to the Social Care Ombudsman

d. how many of those service users have successfully appealed a decision before a court?

5. What policy does the FRG have in relation to challenging family trusts (1.10 in the Adult Care Charging Policy seems to only cover outright transfers of property, but not where the service user has transferred property into a trust, either with themselves, their family, or a third-party as trustee).

I can confirm that the information requested is held by Lincolnshire County Council. I have detailed below the information that is being released to you.

1. The FRG refers to the specific legislation under the Care Act 2014 and in particular it follows the statutory guidance and in particular Annexe E – Deprivation of Assets which sets out a clear framework as to how the Local Authority should consider any possible Deprivation of Assets in whatever form that may take, not just specific property transactions. FRG also considers the report entitled “Local Government and Social Care Ombudsman Deprivation of Capital – Guidance for Practitioners August 2020”.

2. As above

3. We do not hold any recorded information within the scope of this question. It is also not possible to speculate about future cases.

4. a. 215 referrals of this type were received by the FRG 

b. 62

c. Nil

d. Nil

5. As referred to above, deprivation can occur in many ways. The council refers to the guidance in Annexe E which specifically details trust deeds.”