Elderly Leeds woman and her family suffered ‘unnecessary distress’ from social care contracts

An investigation by the Local Government and Social Care Ombudsman found the woman had been wrongly forced to sign two contracts to cover her care, which caused upset to her family at “what was already a difficult time”.

Both Leeds City Council and the owners of Paisley Lodge Care Home, in Armley, have apologised.

The family and the woman’s estate will receive hundred of pounds in compensation after their complaints were upheld.

In their report, the Ombudsman said that ‘Mrs C’, as she was anonymously referred to, was made to sign two contracts as a condition of entering Paisley Lodge in the summer of 2020.

That was because the council, who were responsible for Mrs C’s care at the time, had negotiated a smaller fee for her care than the home would have usually charged.

Orchard Care Homes, which runs Paisley Lodge, insisted on a second contract that would require Mrs C to pay the higher rate if the council ceased to be responsible for her care.

But the Ombudsman said this went against statutory guidance and resulted in “straightforward overcharging” to Mrs C, as well as distress and confusion to her daughter, who was referred to as Mrs B.

Ombudsman Michael King has now warned other councils not to allow such a practice.

He said: “The woman’s family were given no choice but to sign the second contract with the home as a condition of acceptance of the care home placement, with the council’s full knowledge this was taking place.

“At the time, it was the council’s responsibility – not the family’s – to arrange their mother’s care, so they should not have been asked to do this.

“This has caused unnecessary distress and confusion for the family at what was already a difficult time.”

Orchard Care Homes also accepted other failings relating to Mrs C’s care, according to the report.

These included the loss of some personal possessions when she moved care homes in November 2020, and her “unkempt appearance” and “food-stained clothing”, one occasion when her daughter visited.

A spokesperson for the company said: “We agree with the Ombudsman’s findings.

“We have acted on the recommendations and are currently revising terms and conditions and we apologise for the distress caused.”

In a statement, Leeds City Council said: “We welcome and accept the Ombudsman’s findings and we are now looking at reviewing our processes to implement the Ombudsman’s recommendations.

“We are sorry for the confusion experienced by the family as a result of two contracts being in place at the same time.

“We hope the Ombudsman can see that the council has at all times tried to come up with a process which is fair to care providers and whilst also ensuring that service users’ needs are met without delays.

“The lessons we have learned from Mrs B’s experience and the care her mother received will help us to improve services for others, and we are looking at implementing a number of improvements including having a single contract between three parties – the council, the person requiring the care and the care provider; reviewing our written guidance to care providers; redrafting our customer leaflets on care charging; explaining the updated contract arrangements and guidance to the customer and their family.”