Council apologises and pays woman 'symbolic' £150 over her father's care

Referred to as Ms C in the Local Government and Social Care Ombudsman’s report, the woman complained Calderdale Council delayed and provided unclear information about charging for her father’s residential care, which had resulted in arrears accruing.

The Ombudsman also recommended the council should also deduct some payments – already made to a care home directly – from the outstanding bill owed by his estate, to take into account that she was not properly advised about a charge and had no option but to pay because of the local authority’s delays.

It should also make a decision on added costs such as gardening and home maintenance made by Ms C and if necessary amend outstanding charges to include these costs, they said.

The council should also review its current contract to clear up the liabilities on each party, remind staff to clearly explain top-ups and review delays in the time taken to financially assess her father – referred to as Mr D in the report – to help prevent future re-occurrence, said the Ombudsman.

The Ombudsman found these were all faults on the part of the council. Calderdale Council has agreed to undertake the recommended remedies.

After considering representations from Ms C and the council, the Ombudsman found that having assessed Mr D in September 2022 as needing residential care, it should at this point it should have completed a support plan, a financial assessment and put in place the relevant agreements and contracts.

The council did not do this in a timely manner, they said.

Phone records and emails evidence the council told Ms C about a top up fee, but there is no evidence it told Ms C until much later about how much this would be and assessed whether she could pay this, said the Ombudsman.

The top up was more than £200 a week and therefore notable and a failure to take this action was not in line with the care and support statutory guidance under the Care Act .

Failure to provide a reasoned decision over charging figures is a fault but Ms C was aware Mr D would have to make a contribution towards his care fees.

“I am therefore unable to say the council should waive all the bill.

“I do however consider on balance had the council acted correctly Ms C would not have entered an agreement to pay a top up,” said the Ombudsman.

But they found no fault in the council charges continuing while Mr D was in hospital – this was usual, said the Ombudsman.