Live-in care worker underpaid by £250,000, finds Ombudsman

A man with complex care needs was put at risk, with his live-in care worker being underpaid by £250,000 and often having to work over 10 hours a day, the Ombudsman has found.

Hounslow Clinical Commissioning Group (CCG) failed to assess and provide funding for the required round-the-clock support for the patient, leaving the man’s live-in care worker to work alone during nights when two care workers were needed, according to the Parliamentary and Health Service Ombudsman (PHSO).

The care worker consistently worked more than 10 hours daily, for many years, to cover the gaps in care provision and the CCG failed to give the care worker an annual increase in their pay.

Hounslow Clinical Commissioning Group was funding Mr Q’s care under an NHS Continuing Healthcare (CHC) plan, with the care plan paying for a live-in carer for Mr Q.

The son of Mr Q contacted the Parliamentary and Health Service Ombudsman (PHSO) claiming his father's NHS Continuing Healthcare plan and Personal Health Budget (PHB) did not provide adequate cover to meet his father's needs.

Rob Behrens, Parliamentary and Health Service Ombudsman said: “This case and our 2020 Continuing Healthcare report demonstrate the emotional, physical and financial toll such failures can have on families and carers.

“It has never been more important to highlight such failings as we deal with the cost-of-living crisis. The NHS must learn from these mistakes to avoid placing financial strain on the families of people with complex health care needs.

“They must also make sure that those providing care are paid for the service they deliver. Failure to do this risks the exploitation of those in carer roles and could put lives at risk.”

CHC is care provided to someone who has complex health care needs and can be provided in someone’s own home, a care home or another place outside a hospital, paid for by the NHS.

Since the investigation, Hounslow Clinical Commissioning Group merged with other London CCGs to form the North West London Integrated Care Board (ICB). PHSO has directed the ICB to pay the former live-in care worker £250,000 to compensate for the hundreds of unpaid hours worked, plus the failure to deliver annual uplifts in the care funding.

Two years ago the Ombudsman published a landmark report outlining common failings seen in NHS CHC. This found failings, like those seen in this case, often resulted in families funding care when the NHS should have done so.

The report also found people were unaware of their entitlements and the processes to challenge decisions where they believe shortfalls are occurring in funding.

The Parliamentary and Health Service Ombudsman provides an independent and impartial complaint handling service for complaints that have not been resolved by the NHS in England and UK government departments.

It looks into complaints where someone believes there has been injustice or hardship because an organisation has not acted properly or has given a poor service and not put things right.