1000's to claim back £1000's of care home fees
A man has won the right to force a council to pay £33,000 in
fees for nursing home care for his late mother.
The man, not named in a report on the case, complained after
Borough of Poole Council stopped paying the fees when he asked for
his mother to be moved.
At a legal hearing the Local Government Ombudsman ruled that
there had been maladministration by the council.
In its report, the ombudsman recommended the reimbursement of
fees plus interest.
The man's mother - referred to as Mrs Arnold - had a history of
mental illness and was hospitalised on several occasions.
After she was discharged from hospital in January 2000, her
after-care service was paid by the council.
However, her husband - who looked after her - had a stroke and
both were moved into a care home.
Their son, Mr B Arnold, asked if they could be transferred to
another nursing home closer to his house in another part of the
country.
The council agreed to move her, but despite holding an inquiry,
it failed to tell him that he would have to pay for the cost.
In its report, the ombudsman said that in deciding to stop state
funding, the council was required to have a hearing that would
determine whether after-care was still required.
Contradictory evidence
Ombudsman, Jerry White, said the council believed it followed
proper procedure in holding the inquiry as to whether Mrs Arnold
required paid after-care according to section 117 of the Mental
Health Act 1983.
"[But] there is no evidence to substantiate this view. And what
evidence there is contradicts it," he said.
"I have concluded that the section 117 was not correctly
discharged."
He recommended the council compensates Mr B Arnold £33,455.58
for the cost of his mother's nursing home fees between 17 December
2000 and 17 April 2002, plus interest at the relevant county court
rate.
Claims Financial
Testimonial
"I just had to put pen to paper and write to say I'm more than delighted with my settlement that you won me back from my PPI I had with Lloyds TSB. The Claim Forms were simple to fill in. It was a breeze"
Mr R Evans 11 Nov 2010