The rules about whether families can be asked to “top up” care home placement fees have been in existence for 30 years. During that time period, local authorities have consistently struggled to adhere to the rules, with consequently many adverse findings by the local ombudsman. A recent case involving Warwickshire County Council is illustrative; the local authority failed to be clear about the resident’s needs; set a personal budget for the resident hundreds of pounds short of what local care homes typically charged for residents with dementia; and was unable to evidence that it had offered a care home within the resident’s personal budget – before asking the family to pay extra for a far more expensive placement (February, 2021).
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