Southampton City Council ordered to pay back pensioner's care fees

Council ordered to pay back thousands in care fees Council ordered to pay back thousands in care fees

THE local government watchdog has criticised Southampton City Council for wrongly charging an elderly woman's family thousands of pounds in “top-up” fees for residential care in breach of Government rules.

The council has been ordered to refund top-up fees of £187 a week for a nursing home the woman was moved into when she left hospital after suffering a stroke. The refund, dating back to July last year, could top £10,000.

The Local Government Ombudsman said it had not been made aware of similar cases at the council.

It means the council, and possibly others around the country, may now have to negotiate new fee arrangements with care homes to avoid being landed with hefty top-up bills where there are no rooms at the amount the council usually pays.

It comes as many care homes providers are complaining they are being squeezed by councils on the amount they get paid to take residents.

Giving evidence to the Local Government Ombudsman the woman's daughter said they could not find a place at a home at the council's “usual rate”, then £454, that met her mother's assessed needs for dementia and nursing care.

The family had to choose a home where the rates were higher, £750, but lodged a complaint when the council charged them top-up fees.

The Local Government Ombudsman found the council was guilty of maladministration causing injustice.

In her report Dr Jane Marti said: “Because no accommodation was available at the council's 'usual rate', (under Government guidelines) the council should have paid to accommodate the woman elsewhere and should not have sought additional fees beyond the assessed contribution.”

Southampton City Council said it had accepted the Ombudsman's findings and has agreed to pay the full cost of the woman's care, less her assessed contribution of £149, and refund the overcharged “top-up” fees with interest.

It has also agreed to pay £500 compensation for the time, trouble and distress caused to the family.

The council has also agreed to review its own procedures and negotiate overspill placements at its “usual rate” with care homes.

Anne Carty, Chief Officer of Age Concern Southampton, said: “I'm pleased with the outcome of this case and hopefully no more will come out of the woodwork.

“The growing demand on residential care both now and in the future reinforce the need to review and improve procedures and joint working to ensure cases like this are not repeated.”

Dr Marti said she decided to publish a report in the public interest because councils across the country are faced with similar situations.

The council could not confirm last night whether it had overcharged other residents.

In a statement Cabinet member for adult services Councillor Matthew Stevens said the council had worked hard to put the problems right, apologised to the family and would be “recompensing them accordingly.”

Cllr Stevens said at the time the council had “safeguarding issues with a big provider” and fewer homes were willing to accept the council's rates as they had been “slightly” lowered.

He added the council had since increased payment rates for some areas of care and was “working closely with care providers to review fees and fee levels and to arrange short term placements at homes with our usual rate.”

Comments(18)

Stillness says...
6:50am Wed 10 Oct 12

I think the council had better start saving up for the overtime it's staff are going to have to do with the raft of letters heading their way. I'll be sending mine today claiming about eight years worth of payments.

FoysCornerBoy says...
7:04am Wed 10 Oct 12

Yet another fine mess created by the previous Conservative administration that Labour will now have to deal with. No wonder plans for next year's budgetare in such chaotic disarray.

When will people learn that short term penny pinching - often carried out for ideological reasons without thinking through their wider implications - will store up long term problems.... and costs?

Lone Ranger. says...
8:08am Wed 10 Oct 12

Come on Echo .... No "Quote" from Cllrs Smith or Moulton !!!!!!!

loosehead says...
8:16am Wed 10 Oct 12

If you all read the article properly with out your it's the Tories fault glasses on this was the practice up & down the country no matter what party runs the council.
If the council/you & I provide £454 for a care home place & either the family don't like it or the person needs a specialist home why shouldn't the family help provide a place for their loved ones?
in the case of Specialist needs watching Saints & Sinners the Social services can help cover costs unless Dom's got it wrong.
better still why don't these peoples families look after their own parents like mine & my relatives did?

ohmywell says...
8:20am Wed 10 Oct 12

Lone Ranger I will give you a quote.

Previous Administration cause more hardship to family and once again failing its constituents.

hulla baloo says...
8:42am Wed 10 Oct 12

Putting the ' family should care' argument to one side, is there any incentive in saving for your old age?
It would seem that that the system rewards those that have a life on benefits/spend their money, yet penalise those that have never used the benefits system in their life.

Over the Edge says...
8:45am Wed 10 Oct 12

loosehead wrote:
If you all read the article properly with out your it's the Tories fault glasses on this was the practice up & down the country no matter what party runs the council.
If the council/you & I provide £454 for a care home place & either the family don't like it or the person needs a specialist home why shouldn't the family help provide a place for their loved ones?
in the case of Specialist needs watching Saints & Sinners the Social services can help cover costs unless Dom's got it wrong.
better still why don't these peoples families look after their own parents like mine & my relatives did?
I suggest t you read the story, it's not about anyone making contributions to a family members care package, it's about the last Tory administration charging to much for the care they provided.

The elderly lady or her family were charged too much by SCC, that happened under the watch Cllr Ivan White (Tory cabinet member for adult social care).

Regardless if other councils up and down the country did the same, this is a Tory led administration mess that will need to be put right by the current Labour administration, I wonder how many more Tory messes this administration needs to clean up, first the binmen, then children's social services and now adult social care.

Come on Loosehead you it's the old Tory administrations fault, I admire you for trying to defend the indefensible.

Shoong says...
9:56am Wed 10 Oct 12

It's odd, I can't see any kind of political points scoring on this page until it comes to Comments section.

Over the Edge says...
10:30am Wed 10 Oct 12

Shoong wrote:
It's odd, I can't see any kind of political points scoring on this page until it comes to Comments section.
Probably because Cllr Matt Stevens has more class than the previous cabinet member for Adult Social Care and all his colleagues put together.

Weather Cllr Stevens says it or not, we all know were the blame lays for this co*k up and if the boot was on the other foot I'd imagine the Comb over King screaming about it from the Civic Centre clock tower.

On the inside says...
10:38am Wed 10 Oct 12

This will lead to even higher fees being charged by the greedy cartel of private care homes as they now know they can get away with their profiteering and the courts will back them up. Scum.

Shoong says...
11:51am Wed 10 Oct 12

Over the Edge wrote:
Shoong wrote:
It's odd, I can't see any kind of political points scoring on this page until it comes to Comments section.
Probably because Cllr Matt Stevens has more class than the previous cabinet member for Adult Social Care and all his colleagues put together.

Weather Cllr Stevens says it or not, we all know were the blame lays for this co*k up and if the boot was on the other foot I'd imagine the Comb over King screaming about it from the Civic Centre clock tower.
Blame, blame , blame. I'm not sure how this helps those who were affected by this as long as they get what they are due.

Blame games rarely achieve anything in cases such as these.

Inform Al says...
1:35pm Wed 10 Oct 12

Shoong wrote:
It's odd, I can't see any kind of political points scoring on this page until it comes to Comments section.
You won't, Had it however been a Labour mistake you would have. Thats the 'unbiassed' Echo for you.

Shoong says...
2:40pm Wed 10 Oct 12

Inform Al wrote:
Shoong wrote:
It's odd, I can't see any kind of political points scoring on this page until it comes to Comments section.
You won't, Had it however been a Labour mistake you would have. Thats the 'unbiassed' Echo for you.
In a way I like that there was no bias in the above article, of course the needs of those involved takes second place as long as you can get your pop in.

Over the Edge says...
4:03pm Wed 10 Oct 12

Shoong wrote:
Over the Edge wrote:
Shoong wrote:
It's odd, I can't see any kind of political points scoring on this page until it comes to Comments section.
Probably because Cllr Matt Stevens has more class than the previous cabinet member for Adult Social Care and all his colleagues put together.

Weather Cllr Stevens says it or not, we all know were the blame lays for this co*k up and if the boot was on the other foot I'd imagine the Comb over King screaming about it from the Civic Centre clock tower.
Blame, blame , blame. I'm not sure how this helps those who were affected by this as long as they get what they are due.

Blame games rarely achieve anything in cases such as these.
Local Councillors are there to accept responsibility/blame
, that's why they stand for office, when it goes right, they quick enough to accept the praise.

All quiet on the Royston front

Shoong says...
4:29pm Wed 10 Oct 12

Over the Edge wrote:
Shoong wrote:
Over the Edge wrote:
Shoong wrote:
It's odd, I can't see any kind of political points scoring on this page until it comes to Comments section.
Probably because Cllr Matt Stevens has more class than the previous cabinet member for Adult Social Care and all his colleagues put together.

Weather Cllr Stevens says it or not, we all know were the blame lays for this co*k up and if the boot was on the other foot I'd imagine the Comb over King screaming about it from the Civic Centre clock tower.
Blame, blame , blame. I'm not sure how this helps those who were affected by this as long as they get what they are due.

Blame games rarely achieve anything in cases such as these.
Local Councillors are there to accept responsibility/blame

, that's why they stand for office, when it goes right, they quick enough to accept the praise.

All quiet on the Royston front
The Royston Front? Has he formed a new political party? Can't see it working.

Of course, what has your adoption of this blame game achieved?

Not much, just a few more kilobytes of data of a political pop on a website. Nice one.

Vonnie says...
8:32pm Wed 10 Oct 12

On the inside wrote:
This will lead to even higher fees being charged by the greedy cartel of private care homes as they now know they can get away with their profiteering and the courts will back them up. Scum.
Totally agree, but it must also be remembered that it was the Council itself that willingly got rid of its own care homes.

Privatisation of the provision of social care is following the same route as the earlier privatisation of the utilities.

loosehead says...
9:14pm Wed 10 Oct 12

Over the Edge wrote:
loosehead wrote:
If you all read the article properly with out your it's the Tories fault glasses on this was the practice up & down the country no matter what party runs the council.
If the council/you & I provide £454 for a care home place & either the family don't like it or the person needs a specialist home why shouldn't the family help provide a place for their loved ones?
in the case of Specialist needs watching Saints & Sinners the Social services can help cover costs unless Dom's got it wrong.
better still why don't these peoples families look after their own parents like mine & my relatives did?
I suggest t you read the story, it's not about anyone making contributions to a family members care package, it's about the last Tory administration charging to much for the care they provided.

The elderly lady or her family were charged too much by SCC, that happened under the watch Cllr Ivan White (Tory cabinet member for adult social care).

Regardless if other councils up and down the country did the same, this is a Tory led administration mess that will need to be put right by the current Labour administration, I wonder how many more Tory messes this administration needs to clean up, first the binmen, then children's social services and now adult social care.

Come on Loosehead you it's the old Tory administrations fault, I admire you for trying to defend the indefensible.
So I read it again & where in this does it say the council charge too much?
Giving evidence to the Local Government Ombudsman the woman's daughter said they could not find a place at a home at the council's “usual rate”, then £454, that met her mother's assessed needs for dementia and nursing care.

The family had to choose a home where the rates were higher, £750, but lodged a complaint when the council charged them top-up fees.
So top up fees would mean the amount over £454 wouldn't it?
My brother-in-law's dad needed round the clock care & because he & my sister were working they were looking at him going into a home but didn't like the one's they saw at £454 so they looked at more & found one which he also liked.
They would as in this case be expected to top up the council payment & were quite happy to do this as long as the father was happy & looked after.
I come from a family with 11 children so I've seen many different aspects of life so please don't try to cane me before you read the article correctly.
Clean up the bin men? how many job losses? Unions holding meetings to call for strike action? They've really sorted that one out haven't they?
protected services? Oaklands Pool.Fortnightly bin collections Yes they've sorted it!

loosehead says...
9:21pm Wed 10 Oct 12

Vonnie wrote:
On the inside wrote:
This will lead to even higher fees being charged by the greedy cartel of private care homes as they now know they can get away with their profiteering and the courts will back them up. Scum.
Totally agree, but it must also be remembered that it was the Council itself that willingly got rid of its own care homes.

Privatisation of the provision of social care is following the same route as the earlier privatisation of the utilities.
Vonnie read the article more carefully. it states that the person needed to go into a dementia care home.
My Aunty was in one which must be in Nursling or Lordshill as a lady down the road works there & I'm sure it's very close & had to either be council run or charged only what the council were paying as my two cousins couldn't afford top up fees so do people look around or make up their minds that's close to me that's not so why should I pay more to go Private?
What I'm trying to say is there are council run homes that are for dementia patients but it's the families choice of where they go.
Maybe the council should say our facility or no money?

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