William Eichler 12 February 2020

Ombudsman reminds councils of care home ‘top-up fees’ duties

Councils across England are being reminded by the local government Ombudsman of their duties under the Care Act to administer ‘top-up fees’ for people contributing towards relatives’ care.

Top-up fees are the difference someone - often a relative - chooses to pay for a loved-one’s stay in a care home over and above the amount the council has agreed to pay.

The Local Government and Social Care Ombudsman’s warning comes after two councils - Dudley Metropolitan Borough Council and Lincolnshire County Council - disputed some of the Ombudsman’s recommendations against them.

The Ombudsman found that Dudley council had been asking relatives to enter into an agreement with the care home to pay the amount as standard practice, rather than administer the funding itself and claim the money from the relatives.

In response to the Ombudsman’s recommendation that the local authority stop this practice, Dudley council argued it would cost too much to administer the changes and that it did not have to give the relative a choice of who to pay.

Cllr Nicholas Barlow, cabinet member for adult social care at Dudley council, said: ‘While we take the recommendations of the Ombudsman seriously and have adhered to almost all of them, having taken legal advice we are confident our processes are appropriate and are in the best interests of all parties.

‘If we were to change the way we administer top-up fees, it could have a real detrimental impact on the council’s finances.’

In Lincolnshire, the Ombudsman found the local authority did not give people the option to pay the top-up fee to the council. They argued it would cost too much to change the current approach.

‘Councils are encouraged to administer the top-up fees, and recoup the money from relatives, because it gives the best security for vulnerable people living in care homes should there be any problems with payments,’ said Michael King, Local Government and Social Care Ombudsman.

‘The reasons both councils have given for departing from the Guidance – the financial cost of doing things properly – is irrelevant. At the heart of the matter, we have two councils absolving themselves of their responsibilities to offer the public its basic protections set out in law.

‘We also issued guidance to councils back in 2015 on administering these fees, and were quite clear that leaving the administration of top-up fees to care homes was wrong.

‘I now call on both authorities to reconsider both my reports and make the necessary arrangements to ensure they comply with the recommendations I have set out.’

The new Centre for Young Lives image

The new Centre for Young Lives

Anne Longfield CBE, the chair of the Commission on Young Lives, discusses the launch of the Centre for Young Lives this month.
SIGN UP
For your free daily news bulletin
Highways jobs

Senior Social Worker

Wakefield Council
£40,221.00 - £43,421.00, Grade 10, 37 hours, Permanent
Community Mental Health Senior Social worker (level two) post at Baghill House Pontefract. Baghill House, Health & Wellbeing Centre, Walkergate, Pontefract, WF9 1QW
Recuriter: Wakefield Council

Senior Social Worker

Wakefield Council
£40,221.00 - £43,421.00, Grade 10, 37 hours, Permanent
An exciting opportunity has arisen for a full time (37 hour) senior social work position within Connecting Care East. Castleford Civic Centre, Ferrybridge Road, Castleford, WF10 4JH
Recuriter: Wakefield Council

Senior Care Assistant (Days)

Wakefield Council
£21,422.43 - £23,731.62, Grade 6, 30 hours, Permanent
Dovecote lodge is a short term placement unit which support the hospital with admissions, predominantly from the emergency department. Dovecote Lodge Dovecote Lane Horbury Wakefield West Yorkshire WF4 6DJ
Recuriter: Wakefield Council

Complex Needs Support Worker

Wakefield Council
£19,697.84 - £21,064.05, Grade 5, 30 hours, Temporary
Dovecote Lodge currently has a vacancy for a 30 hour complex support worker, the rota includes days, afternoons and nights over a 10 week period. Dovecote Lodge Dovecote Lane Horbury Wakefield West Yorkshire WF4 6DJ
Recuriter: Wakefield Council

Multi Skilled Operatrive x4

Wakefield Council
£22,737.00 - £29,269.00, Career grade 3-6, 37 hours, Permanent
We are seeking enthusiastic and capable colleagues to join our Highway Operations team that forms part of the Highway Network Management. Wakefield, West Yorkshire
Recuriter: Wakefield Council
Linkedin Banner

Partner Content

Circular highways is a necessity not an aspiration – and it’s within our grasp

Shell is helping power the journey towards a circular paving industry with Shell Bitumen LT R, a new product for roads that uses plastics destined for landfill as part of the additives to make the bitumen.

Support from Effective Energy Group for Local Authorities to Deliver £430m Sustainable Warmth Funded Energy Efficiency Projects

Effective Energy Group is now offering its support to the 40 Local Authorities who have received a share of the £430m to deliver their projects on the ground by surveying properties and installing measures.

Pay.UK – the next step in Bacs’ evolution

Dougie Belmore explains how one of the main interfaces between you and Bacs is about to change.