City council to refund 11 years of care home top-up fees to family following Ombudsman investigation

An investigation by the Local Government and Social Care Ombudsman has concluded that a family should never have been charged for 11 years’ worth of care home top-up fees for their mother’s care.

Birmingham City Council has said that it will pay the backdated fees owed to the family, after an initial delay in responding to the Ombudsman’s recommendations.

The Ombudsman was asked to step in after a woman complained to the council that she and her family were asked to pay a ‘top-up’ fee for their mother’s care after she was moved to a care home in March 2011.

The complainant told the Ombudsman that this placed her family under ‘unnecessary financial strain’ for many years and that the council failed to explain or advise her about the need for top up fees for her mother’s care home.

According to the Ombudsman’s report, the council could provide no evidence it had offered the family a care home which did not require them to pay the top-up, in accordance with the Care Act.

It was not until 2019 that the family discovered this should have been the case after which they made their complaint to the council.

Michael King, Local Government and Social Care Ombudsman, said: “The Care Act 2014 has been clear on the matter, and we issued a special report about top-up fees as early as 2015, so the council had no reason not to be aware of its obligations.

“The recommendations I have made will remedy the situation for the family, and also improve procedures to help avoid something similar happening again.”

In this case, the Ombudsman recommended that the council should apologise to the family and pay them £250 to recognise the distress, time, and trouble they experienced, and that it should refund the top-up fees they have paid since March 2011.

The report also notes that the council should remind staff of the importance of keeping clear records and remind staff of the need to correctly consider and apply the relevant procedures when responding to complaints.

In a statement Birmingham City Council said: “We apologise unreservedly and will be refunding the top-up fees paid as well as making a payment to acknowledge the distress caused.

“Staff will be reminded of the importance of keeping clear case recordings and the need to document where a suitable care home placement has been offered, why it is considered to be suitable, any challenges made of the placement offer and the outcome.

“Reminders and training will be provided to ensure staff correctly apply the complaints procedures.”