Birmingham City Council has apologised ‘unreservedly’ for wrongly charging a family care home fees for more than 11 years.

The family was asked to pay a ‘top-up’ fee for their mother’s care after she was moved to a care home in March 2011.

According to the Care Act, the family should have been offered a home which did not require them to pay the top-up fee. The family discovered this in 2019 and complained to the council.

An investigation by the Local Government and Social Care Ombudsman concluded that the council should refund the top-up fees they had paid since March 2011.

The Ombudsman also said the council should apologise to the family and pay them £250 to recognise the distress and time and trouble they have experienced.

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.’

Responding to the Ombudsman’s report, the 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.’