Fosters secure refund of £25,000 in care fees dispute

Our Court of Protection & Vulnerable Persons team recently acted for a husband on behalf of his wife who lacked capacity. He had been incorrectly charged over £25,000 in care fees following a flawed financial assessment carried out by the local authority.

After more than a year of unsuccessful challenges, he sought our help. Through detailed review and robust advocacy, we secured a full correction and achieved a significant saving for the family.

Our client’s story

The client’s wife required long-term care and, as her appointed Deputy, he was responsible for managing her affairs. The local authority produced a financial assessment to calculate her contribution to care fees. This assessment was wrong, resulting in the couple being charged £25,000 more than they should have been.

For over 12 months, the husband attempted to challenge the error directly with the local authority. Despite his efforts, the issue remained unresolved. The process was not only financially damaging but was also having a detrimental impact on his health and wellbeing. At this point, he turned to our Court of Protection & Vulnerable Persons team for assistance.

How we helped

On reviewing the financial assessment, it became immediately clear that the local authority had made a mistake. Our team prepared a detailed challenge, highlighting the flaws in the authority’s approach and setting out the correct position.

We took responsibility for the correspondence and negotiation, relieving the client of the stress he had carried for over a year. Following our intervention, the local authority acknowledged its error. The outcome was a complete reversal of the incorrect decision, saving the client more than £25,000 in care fees.

This result provided not only financial relief but also reassurance to the husband that his wife’s rights and interests had been properly safeguarded.

Fosters’ Head of Court of Protection & Vulnerable Persons team, Paige Gouldthorpe said: “We were so pleased to support this particular client who had been placed in a very stressful situation over his wife’s care fees. As is the case for many families, finding suitable long-terms care for your vulnerable loved one can be an extremely challenging and daunting experience, let alone when adding unnecessary financial pressures to the situation.

“Therefore, we were delighted to be able to negotiate on our client’s behalf to recover the monies he had incorrectly been charged, whilst continuing to secure the all-important care provision he required for his wife.  Our team are experienced in navigating care fee financial assessments for those without capacity – so do please reach out to us if we can provide any advice and support if you find yourselves in similar circumstances.”

Capacity and care experts

This case highlights the importance of expert support in navigating complex financial assessments and disputes with local authorities. Our Court of Protection & Vulnerable Persons team has extensive experience in cases involving deputyship, capacity issues, and care funding.

We combine specialist legal knowledge with practical understanding of the challenges families face. Our focus is always on securing fair outcomes while reducing the burden on those already under considerable strain.

If you or someone you support is facing difficulties with care fees or capacity-related issues, our team is ready to help.

Contact our Court of Protection & Vulnerable Persons team to discuss how we can support you.