London borough agrees to waive £70,000 care home bill after legal challenge

According to Duncan Lewis Solicitors, who represented the claimant, the council had sought to charge him for residential care while continuing to charge rent on his council flat, despite the property having been left “uninhabitable” due to a prolonged water leak.

The man, known as SB, was admitted to hospital before being moved into a nursing home on what was intended to be a six-week placement.

However, he remained there for more than five months after “repeatedly” expressing his wish to return home once repairs had been completed to his council flat, said the law firm.

Despite the condition of the property, the council withdrew his Housing Benefit, continued charging him rent and sought to recover almost £70,000 in care home fees for the same period.

Duncan Lewis Solicitors challenged the charges in proceedings before the Court of Protection.

The claimant's legal team argued that requiring him to pay both rent and care home fees simultaneously was fundamentally unfair, particularly where he had been unable to return home because of delays outside his control.

The case also raised concerns that SB had been deprived of his liberty for around five months before the appropriate authorisation under the Mental Capacity Act 2005 was obtained.

Following the legal challenge, Croydon Council agreed to waive the care home charges in full.

Angela Sandhal, Director and Solicitor at Duncan Lewis Solicitors, said: "We are delighted to have secured this outcome for our client, relieving him and his family of a financial burden of almost £70,000.

"This case highlights the importance of scrutinising local authority charging decisions carefully. Vulnerable people should never be left paying twice because of administrative failures or delays outside their control. It also demonstrates the value of challenging decisions where they appear unfair or unlawful."

Croydon Council has been approached for comment.

Lottie Winson