LGO raps council over failure to implement report on care home top-up fees

The Local Government Ombudsman (LGO) has issued a second public report on Tameside Metropolitan Borough Council after the local authority failed to implement recommendations made in an earlier report.

The first report, which was published last October, followed a complaint from the family of an elderly care home resident.

The family approached the Ombudsman after Tameside reduced its contribution to the care home fees following a quality review.

This meant the family had to pay a ‘top up’ fee when alternative accommodation was not properly considered, the LGO said.

Following an investigation, the Ombudsman concluded that Tameside:

  • made changes to the woman’s care contract without first assessing her care needs or completing a risk assessment;
  • did not complete a financial assessment with the woman’s son to find out whether he could pay the extra money;
  • did not act in accordance with government guidance; and
  • did not consider the impact on others who might be similarly affected.

During the investigation process, the council offered to provide a remedy to the family, but this had since been withdrawn, the LGO reported.

The Ombudsman said it was understood that others who had been similarly affected had been properly assessed.

The LGO has reiterated its original recommendations, which included the family estate being reimbursed with the full amount of third-party top-ups that had been made.

Dr Jane Martin, Local Government Ombudsman, said: “We want the public to have trust and confidence in the complaints system. If a council does not comply with an Ombudsman recommendation we have no option but to issue a public report.

“It is an important part of our role to bring these matters to the attention of the full council and local people in the spirit of openness and transparency.”

Dr Martin added: “Our recent research report, My Expectations, also showed that an integral part of an effective complaints procedure is to provide reassurance that making a complaint will not adversely affect future services people receive.

“In this case it is concerning that the individual who made the complaint has still not received a suitable remedy while others have. I hope that the council will reflect on this and provide the remedy that I have recommended.”