September 2022 – Important Community Care Case

The complaint to the Ombudsman (made by the family) raised a number of issues which included their mother looking unkempt during one visit, items of clothing and other possessions going missing, and the payment and funding arrangements.

The Ombudsman’s investigation found that, between June and November 2020, the care home had a second contract in place with the family to make up the difference between what it charged Leeds City Council for care and its private rate, contrary to statutory guidance.

The Ombudsman upheld the complaints about the delay in registering the mother with a GP and about her standard of appearance and missing possessions.

In relation to the payment and funding arrangements, the Ombudsman found that the council should end the practice of allowing care providers to enter contracts with clients (or their relatives) to make additional charges for care that run concurrently to contracts the council has entered with the same care provider to provide the care at a lower cost.

The Ombudsman ordered various costs to be paid to the family in recognition of the distress and time and trouble caused as well as refunds from both the council and the care provider.

Issuing a general warning to councils not to allow multiple contract to run in tandem, the Ombudsman went on to say that the family were given no choice but to sign the second contract with the home as a condition of acceptance of the care home placement. The council knew this was taking place. At the time, it was their responsibility to arrange the care, not the family so they should not have been asked to do this.

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