ST HELENS Council has rejected criticism over its failure to spend up to £22,000 to fund care services for a disabled man who was awarded almost £3 million following a road traffic accident, a cabinet meeting has heard.

A report by the local government ombudsman said St Helens Council was "at fault" and concludes the authority should carry out a financial assessment and calculate and pay the due funding, backdated to January 2012.

But senior councillors, including leader Barrie Grunewald, have supported council officer's refusal to pay because they believe the man should use his settlement to fund the care.

The report, issued in June by the ombudsman, and the council's response were presented to a cabinet meeting at St Helens town hall.

The 47-year-old disabled man, who cannot be identified but is named in the report as 'Mr A', lives in St Helens but wants to move back to Wigan where he grew up.

After suffering a brain injury in a road accident in 1991, he was awarded £2,850,000 in a personal injury claim.

A representative, acting for Mr A, says the council refused to complete a financial assessment as they said Mr A should pay for his care using his settlement.

The representative also alleges this is unjust because Mr A is entitled to public funding towards his care.

The council report states: "The council did not undertake a financial assessment at any stage because it was of the view that Mr A must have received an award for future care and had enough to fund his care package in full.

"Mr A had also indicated he did not wish to live in St Helens and wanted to move to a different area."

It goes on: "Furthermore, the council has a duty to use increasingly scarce resources as effectively as possible. Other service users would be at risk of losing their care if the council had to pay for Mr A's care.

"It would be grossly unfair, in the view of council officers, if other residents of St Helens were denied services because the council had to meet the costs of Mr A's care when he had received damages to meet those needs."

The council report also raises the issue of double recovery - a risk funds may be accessed through two different sources.

At the meeting, cabinet member for adult social care and health Marlene Quinn said: "The larger issue of double recovery should be considered by the court and the decision may set a precedent for the council in other similar cases."

The ombudsman's report says: "Mr A has a brain injury from a road accident. He received a gross award of £2,850,000 in compensation after a successful personal injury claim. The consent order signed by the parties and approved by the court, did not set out an amount for ongoing and future care."

Mr A has been assessed as having mobility problems, epilepsy and speech difficulties. His care needs included issues around challenging behaviour, placing himself and potentially others at risk.