Nathan Lee Davies, a man with Friedrich’s ataxia, a condition that affects his coordination, balance, and speech, has expressed shock at his local council’s decision to “claw back” money he had saved to go on holiday with his caregivers. He saved money from his round-the-clock care fund by skipping cinema trips approved by the council. He wanted to go on a six-day vacation to Florida, at a cost of £3,500, to “have a bit of respite from the mundane reality of everyday life.”
Over a period of many years, Nathan had saved up to £50,000. He had also provided the council with bank statements every quarter to prove that he was not misusing the money. He planned to use the savings for future trips while he was still able to travel. However, when he told his social worker about his plans, she said that the council must have the money back.
Wrexham Borough County Council said all of its social care plans were “designed” to support care needs alongside specific social activities, such as going to the cinema. Thus, if an individual decides not to use their social care funding to meet their assessed needs, surplus funds must be returned to the council. The council had offered to fund Nathan’s care while he was on holiday and also suggested that he employs carers local to Florida while offering to pay for their travel costs.
Despite this, Nathan appealed the council’s decision to retrieve the money but was unsuccessful. Following the appeal, the council suspended his payments for October, November, and December. As a result, £33,000 of Nathan’s disputed savings were used to absorb the cost of his care.
Human rights lawyer Anne-Marie Irwin said local authorities have a “duty to act rationally”. She further stated that the council must consider whether unfamiliar carers would meet Nathan’s needs even if it offers to pay their costs. Nathan’s friends created a cooperative to care and support him. They believe that he needs a holiday, given the lifespan of someone with Friedrich’s ataxia, to have some memories to look back on. Nathan still plans to go on his trip later this year but is resigned to the fact that he will have to pay the flight and accommodation costs of his PAs and his own costs. However, the delays in booking the trip, while he appealed the council’s decision, have increased the cost to £5,800
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