A council situated in south London has been discovered to have improperly imposed nearly £6,500 in interest and legal fees on a man with dementia, who was unable to respond to payment requests for his care.
Lambeth Council has been instructed by the Local Government and Social Care Ombudsman to enhance its operational procedures after neglecting to recognize the man’s dementia prior to his passing.
The council has also been directed to issue an apology to the man’s daughter and to refund the accumulated fees, along with an extra £300 for the emotional distress caused.
A representative from the council stated that they fully acknowledge the findings and have taken action based on the ombudsman’s recommendations.
The ombudsman noted that the council had not engaged with the individual, referred to as Mr. Y in the report, regarding his care charges until late 2022, at which point the debt had become “substantial,” amounting to £32,813.32.
The council indicated that it did not have a specific policy regarding the imposition of interest and legal fees on overdue adult social care charges, and it typically handed off debts to solicitors for collection.
The investigation by the ombudsman determined that the actions of both the council and the solicitors were flawed and suggested the establishment of guidelines and protocols for charging these costs related to unpaid care fees.
A Lambeth Council spokesperson expressed the council’s commitment to delivering the “best service possible” for all residents and emphasized their dedication to quickly and equitably resolving issues as they arise.
“We are resolved to learn from this experience and to enhance our communication with residents regarding care charges.
“We regret that our service did not meet expectations in this instance and remain dedicated to collaborating with residents and the ombudsman to improve our services in the future.”