Intro to Ombudsman reports RE Choice of Accommodation

Birmingham City Council’s failings regarding top-up process reveals a range of potential illegalities and errors of law

Date of decision: 28 May 2026 SummaryA woman was discharged from hospital into a residential care home after a stroke, needing double hoisting, with the Council arranging and funding the placement under the Care Act. The home chosen by the family charged more than the Council’s “usual” rate, and instead of ensuring at least one […]

Birmingham City Council’s failings regarding top-up process reveals a range of potential illegalities and errors of law Read More »

Wiltshire Council failed to oversee financial and contractual arrangements with a care home after taking over a privately funded arrangement pending looking for housing or other accommodation

Date of decision 21 November 2025 SummaryAn individual’s family said the Council misled them about care home options, funding, and top-up fees, then sent a shock invoice for over £50,000 in alleged third party top-ups. The Ombudsman found the Council’s assessment, advice and explanations about care options and liability to pay were broadly sound, but

Wiltshire Council failed to oversee financial and contractual arrangements with a care home after taking over a privately funded arrangement pending looking for housing or other accommodation Read More »

Somerset Council failed to commission sufficient affordable care home placements and took money for an asserted ‘top-ups’ of £375 a week when the cost was more than double its asserted ‘usual’ rate.

Date of decision: 23 October 2025 SummaryAn individual’s estate complained that the Council had arranged a care home place without offering any option within the personal budget and then treated an expensive “top up” as unavoidable.  What happenedIn early November 2023, an older woman living in her own home with a care package was admitted

Somerset Council failed to commission sufficient affordable care home placements and took money for an asserted ‘top-ups’ of £375 a week when the cost was more than double its asserted ‘usual’ rate. Read More »

West Northants exonerated with regard to the council’s preference for supported living over a care home provider, albeit on grounds that are dubious in law…

Date of decision: 20 April 2026 SummaryThe complaint challenged the Council’s timeliness, involvement, consideration of a preferred provider and complaint handling after an urgent review request about an adult daughter’s long‑term care; the Ombudsman found no fault, concluding the Council completed assessment and care planning within acceptable times, involved Ms Y and her mother throughout

West Northants exonerated with regard to the council’s preference for supported living over a care home provider, albeit on grounds that are dubious in law… Read More »

Hampshire excused for distinguishing between current and previous contractual arrangements with regard to uplifts, affecting top-ups

Date of decision: 23 March 2026 Summary A husband of a care home resident complained that the Council increased the rate it paid to his wife’s care home by only 2%, while other care homes with whom it was contracting received a 5% uplift. This created an unsustainable increase in the top-up fees he was

Hampshire excused for distinguishing between current and previous contractual arrangements with regard to uplifts, affecting top-ups Read More »

Staffordshire County Council criticised for its approach to funding a non-top-up respite stay, and longer term care, too, after precipitating a more expensive ‘choice’, through delay by its brokers

Date of decision: 10 December 2025 Summary An elderly woman with memory and cognitive difficulties received poor quality home care from a Council‑commissioned provider, including repeated medication errors and undercooked food, leading to a substantiated safeguarding finding.  The Council then mishandled respite and permanent placement arrangements: it delayed securing respite, failed to explain or offer

Staffordshire County Council criticised for its approach to funding a non-top-up respite stay, and longer term care, too, after precipitating a more expensive ‘choice’, through delay by its brokers Read More »

Essex County Council criticised for assuming that the commissioning framework would be appropriate for a person with high needs, leading to confusion about the rate that a full cost payer should be charged

Date of decision: 15 December 2025 SummaryA daughter challenged Essex Council’s handling of her late mother’s residential care charges after her mother, a woman with dementia, moved permanently into a care home. The Council did not promptly or clearly explain how much would be charged, changed the rate after internal discussions with the care home,

Essex County Council criticised for assuming that the commissioning framework would be appropriate for a person with high needs, leading to confusion about the rate that a full cost payer should be charged Read More »

Oldham MBC called out for clear and indefensible top-ups wrongdoing in the context of needing to find a new placement – providers should stand up against asserted arbitrarily low market rates for personal budgets!

Date of decision: 31 October 2025 SummaryA daughter complained about unsafe, undignified dementia care for her mother in a Council‑commissioned care home, including repeated falls, poor communication, and disputed use of medication. The Ombudsman found the Council’s commissioning and complaint handling left the family carrying avoidable distress and uncertainty over whether safer care and a

Oldham MBC called out for clear and indefensible top-ups wrongdoing in the context of needing to find a new placement – providers should stand up against asserted arbitrarily low market rates for personal budgets! Read More »

Leicester City Council exonerated for charging for a care package that might well have needed to be free under s117 Mental Health Act

Date of decision: 25 November 2025 SummaryA son complained that the Council wrongly charged his late father for residential care home fees and should have funded his placement under s117 Mental Health Act instead. The Ombudsman found the Council had clearly explained charges and funding options, correctly applied the Mental Health Act rules on aftercare,

Leicester City Council exonerated for charging for a care package that might well have needed to be free under s117 Mental Health Act Read More »

Gloucestershire County Council at fault for unreasonable delays in sourcing a supported living placement

Date of decision: 21 July 2025 SummaryA complaint was made by Mr X and his mother, Ms Y, against the Council for repeated delays in assessing his care needs and sourcing suitable accommodation, as well as procrastination in pursuing a vacant placement at a preferred setting.  What happenedIn November 2022, Ms Y, the mother of

Gloucestershire County Council at fault for unreasonable delays in sourcing a supported living placement Read More »