Birmingham City Council ordered to refund 11 years of care fees

Birmingham City Council has been ordered to improve its procedures

A family will be refunded for 11 years of care home fees which their local authority charged incorrectly.

The Local Government and Social Care Ombudsman also told Birmingham City Council to improve its procedures.

The ombudsman stepped in after the family complained about being charged a "top-up" fee after their mother moved to a care home in 2011.

The council said it "apologised unreservedly" and would give extra training to staff.

The ombudsman said the local authority 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 said it was not until 2019 that the family discovered this should have been the case.

Michael King, Local Government and Social Care Ombudsman, said the law was clear and the council should have been 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," he said.

Mr King said the council should refund the top-up fees they have paid since March 2011 and make an extra payment of £250 to apologise.

It also said the council should remind staff of the importance of keeping clear records and apply the relevant procedures when responding to complaints.