28th June 2026

A Local Government and Social Care Ombudsman investigation has found that Stockport Council wrongly required a family to pay care home top-up fees for almost five years after failing to offer an affordable alternative placement.

The investigation concluded that the council did not follow statutory guidance designed to protect vulnerable residents and their families from unnecessary care costs.

The case centred on a woman whose mother required residential care. When suitable council-funded care home places were unavailable, the family agreed to a temporary placement requiring a weekly top-up payment of £240. What was intended as a short-term arrangement became permanent, with the family continuing to pay the additional charges for years.

The Ombudsman found there was no evidence that Stockport Council had offered a genuine affordable alternative before requesting the top-up payments. Under the Care and Support Statutory Guidance, councils must ensure at least one suitable placement is available within a person’s personal budget. If no such placement exists because of shortages or commissioning failures, the council must meet the additional cost itself rather than passing it on to relatives.

The Ombudsman rejected the council’s assertion that affordable placements had been offered, stating that council records instead showed the homes originally identified had no vacancies at the relevant time.

As a result, Stockport Council agreed to reimburse all third-party top-up fees paid since 2015, pay an additional £150 for the complainant’s time and trouble, and remind staff of their legal responsibilities regarding care home placements and top-up fees.

The Ombudsman also criticised the council for taking seven months to deal with the complaint, describing the delay as unreasonable.

The case serves as an important reminder that councils have legal duties when arranging residential care. Families should not be expected to subsidise placements simply because no affordable council-funded option is available.

For residents across Stockport, including Romiley, Marple, Bredbury and Woodley, the decision raises wider questions about whether other families may also have been charged top-up fees in circumstances where the law required the council to fund the full cost.

Adding the £150 payment brings the direct compensation to about £62,550, before any administrative costs.

The wider financial question

The more significant issue is whether this was an isolated case.

If other families were similarly charged top-up fees without being offered an affordable alternative, the total liability could be much higher. For example:

  • 5 similar cases ≈ £312,000
  • 10 similar cases ≈ £624,000
  • 20 similar cases ≈ £1.25 million

approximate costs based on the figures in the logs report.

Stockport Council accepted the Ombudsman’s findings and confirmed it had implemented the recommended changes to its procedures.

Residents who believe they have paid care home top-up fees without being offered a genuine affordable alternative may wish to seek independent advice and review whether the statutory guidance was followed in their own case.

Did she have to deal with Katie Moores?

Following this, the daughter submitted a complaint to the council. It responded seven months later in April 2021, to inform her that her complaint had been rejected as she had agreed to pay the top-up, despite the council making “clear [it] would not support or fund [Home 4] because there were beds available, at a lower cost, at [Home 1 or 2]”.