Woman wins four year battle to convince Telford and Wrekin Council of error in care assessment

A council has been criticised by an ombudsman after it sent a bill for £3,500 to a woman to contribute to her care package which it later admitted she should not have been paying anything for.

After four years Telford & Wrekin Council admitted that it had not accounted for two dependent children which would have meant that Mrs X did not have to pay anything towards the cost of her care.

By then she had made "significant" payments for which she is owed a refund.

The Local Government and Social Care Ombudsman found "fault causing injustice" in the case where the council had missed "multiple opportunities" between 2021 and 2025 to reassess the information.

This included complaints from Mrs X.

Mrs X had suffered a 'deterioration in her mental health' and lost trust in the council, which left her feeling unable to reinstate her care package.

The ombudsman confirmed that a person will not be charged more than they can afford to pay as determined by the detailed regulations.

Individuals receiving care and support other than in a care home must retain a certain level of income to cover living costs

Mrs X began receiving a care package of 10 hours support from the council in 2021. It assessed that she should make a contribution and Mrs X raised her concerns then.

The council emailed Mrs X on March 24, 2024 saying that she owed a little over £3,500 to reflect the contribution towards her care package from January 2024 onwards.

After she complained on April 14 the council identified its original financial assessment had not considered the fact Mrs X had one dependent child initially and later two.

A re-assessment later concluded Mrs X should not have had to pay anything towards her care since March 8, 2021.

The ombudsman recorded that the council accepts it did not identify that error until 2025.

The council told Mrs X she was due a refund and explained improvements it had made to address issues.

It told the ombudsman that it has carried out awareness and training about applying child premiums to financial assessments where appropriate.

It has also reviewed the way it handles debt cases and strengthened oversight and support across the service.

"The council’s failure to apply the right minimum income guarantee in 2021 is fault," the ombudsman concluded.

"I am satisfied that meant Mrs X had to make a significant financial contribution towards her care package between 2021 and 2025.

"I am also concerned the council failed to identify issues with the financial assessment before 2025.

"That is despite the fact Mrs X repeatedly raised concerns about whether the council had carried out the financial assessment properly."

The ombudsman said that it is "unsurprising in those circumstances Mrs X has lost faith in the council’s decision making.

"It is also clear that has undermined her confidence in accepting the council’s explanation and in allowing the care package to continue."

The ombudsman recorded in June 2026 that because of the fault Mrs X has not felt able to access her care hours since March 2025 and has experienced significant distress.

The ombudsman recommended that the council apologise to Mrs X and make her a payment of £1,000 to reflect her distress and the uncertainty about whether the situation could have been resolved earlier and some of the issues avoided.

"I also recommended the council send Mrs X a clear breakdown of the amount it believes she has overpaid which it intends to refund to her," the ombudsman wrote.

A spokesperson for Telford & Wrekin Council said it accepted the judgement and has taken action.

“Following a recent complaint to the ombudsman, Telford & Wrekin Council has accepted the ombudsman’s judgement to uphold the complaint.

"The council has since taken actions required by the ombudsman, including apologising to the complainant, commencing a care review, provided a breakdown of the council’s calculations and making a symbolic payment to remedy the injustice caused.”