Luton council told to apologise and backdate payments after failings left man paying for mum's care

A Luton resident was left paying for his mother’s care after the borough council delayed assessing her needs and suspended her direct payments, according to a watchdog’s report.

“The local authority failed to reinstate the payments or respond to his complaints,” said the local government and social care ombudsman.

“The council wasn’t at fault for suspending the direct payments when the family employed someone who wasn’t eligible to work in the UK.

“Neither was it a fault for refusing to reinstate the direct payments when the family wanted to use a care provider for which the complainant is a director. But LBC refused to backdate its payments based on inaccurate information.”

His mother’s direct payments were suspended, despite the fact she continues to have eligible care needs, leaving her paying for her own care, according to the ombudsman.

“She received a short daily visit and a weekly sitting service of two hours to provide respite for her husband in 2021, with a care package arranged by the council,” explained the report.

“The husband was going away for four months, so different arrangements were required as the family didn’t want her to go into residential respite care.

“She was referred for a review as a matter of urgency, but LBC didn’t follow this up. The family decided to employ a live-in carer to meet her needs, and asked the council about providing support at night.

“It replied she wasn’t eligible for night-time support and cancelled its arrangement with the care provider from October. A care provider quoted £1,225 a week for a live-in carer, which was unaffordable.

“LBC advised making a formal complaint, which they did. In November, the council said it would probably agree to pay for a package up to the dementia level of residential care. The family would make up the difference if she remained at home.

“It agreed a £638 a week package, allowing the family to employ an agency live-in carer.”

LBC apologised for sending the ombudsman a draft copy of a letter and then sent another copy of the same document.

The ombudsman concluded: “To remedy the injustice caused by it failings, the council has agreed to apologise and backdate the direct payments to October 2021 within six weeks.

“There was some delay in responding to the family’s request for help in September 2021.

“The council compounded this fault by telling the complainant his mother didn’t qualify for night-time support and then cancelling the care provider arrangement. The council assessed her in November, but only after a complaint was made.

“It didn’t respond to a request for backdating until April 2022 and then rejected it based on her husband being at home in October 2021. That was fault, as the evidence indicates he’d gone in September.

“Given LBC couldn’t find a draft copy of the letter it claims was sent to the complainant in November 2021, it seems unlikely that happened.

“LBC also failed to respond to his July 2022 complaint until after I asked for a copy of its response. Its apology for the delay lacked sincerity.”