TOP-UP FEES REFUNDED: ALMOST £10,000 RECOVERED FOLLOWING CARE ACT CHALLENGE

Successful Outcome for a Client of Robert Howard Wills & Powers

We are pleased to report a successful outcome for a client following a challenge to care home top-up fees and a Local Authority's obligations under the Care Act 2014.

To protect client confidentiality, names and certain factual details have been changed.

"John", an elderly spouse in his late eighties, had been paying more than £1,500 per month in top-up fees towards the residential care of his wife "Jane", who was living with dementia.

When Robert Howard reviewed the details, he identified concerns regarding the Local Authority's original financial assessment and its ongoing responsibilities under the Care Act 2014. It became apparent that the Local Authority had been informed that Jane's capital was below the relevant funding threshold, yet substantial top-up payments continued to be sought and paid by John over a prolonged period.

A key issue identified was that John had no personal legal responsibility for his spouse's care fees. Representations were made to the Local Authority regarding its statutory duties and the lawfulness of the funding arrangements that had been put in place.

Following detailed correspondence and the threat of legal proceedings, the Local Authority reviewed its position and agreed to:

✅ Refund almost £10,000 in top-up fees.
✅ Fund residential care without ongoing top-up payments.
✅ Ensure that the resident's care needs continued to be met through the appropriate statutory framework.
✅ Remove further financial pressure from the elderly spouse.

This outcome demonstrates the importance of ensuring that Local Authorities properly discharge their duties under the Care Act 2014 before families are asked to contribute towards the cost of residential care.

Many families assume that if a care home requests a top-up payment, the payment must automatically be made. In our experience, that is not always the case. Every matter depends upon its own facts and careful consideration of the statutory framework.

If you are concerned about care home fees, top-up payments, Local Authority funding decisions, financial assessments or Care Act 2014 obligations, contact us at Robert Howard Wills & Powers - we will be happy to assist.

Robert will be pleased to have a no obligation chat with you about any of the above topics!

Robert Howard Wills & Powers
40 High Street, Normanton, WF6 2AQ
☎ 07803 276780
✉ roberthowardblackburn@gmail.com