FAMILIES of the poorest care home residents in the borough are being let down by Cheshire West and Chester Council.

Independent Age receives a call a day from relatives across the country concerned about top up fees, which are paid by some relatives to improve the quality of council-funded care.

A new report by the older people's charity revealed that Cheshire West and Chester Council is failing in its legal responsibility to give advice and support families as it doesn't check that relatives are able and willing to make the top up payments.

The council admitted that it has no information about which families are making these payments and so cannot possibly have carried out checks to make sure that they need to pay them.

The report also voices the concerns of care homes that top-up payments are being paid by relatives not for a higher quality of care but because the care home fees paid by councils are too low.

Independent Age has rated each of the 129 councils that responded to the Freedom of Information request as either good, bad or ugly depending on whether, according to their evidence, they are following their legal obligations in their overall monitoring of top up fees.

In total, the report found that 72 per cent of councils did not know about all top up fee payments in their area and so cannot have made sure that all relatives were able and willing to pay them as they are legally required to do.

Only 36 councils – the good councils according to the report – said they knew about all top up fee contracts in their area but 36 – the bad ones - said they had no information at all.

Some 57 ugly councils had only incomplete information.

Janet Morrison, Independent Age chief executive, said: “This report demonstrates a real concern that top-up fees are becoming a secret subsidy by which some underfunded councils limit the amount they spend on care.

"But because so many councils are not keeping records of the payments, no one can be sure about the true level of top-up fees or whether they are really voluntary.

"Many families are being let down by councils because they are given no information, no support and no choice.”

Martin Green, chief executive of the English Community Care Association, which conducted a survey of care homes in England for the report, said: “This is an extremely comprehensive and helpful reminder of the need for councils to be better aware of their responsibilities around top ups.

"It demonstrates yet again the concern around inadequate fees paid by councils to care homes.

"We urge that the report’s recommendations are closely studied by all parties and addressed, in order to ensure the law is followed and individuals receive consistent and high quality advice on their rights and responsibilities regarding top-up payments.”

A Cheshire West and Chester Council spokesman said: “Agreements on top-up fees are discussed between individuals, care homes and the council and the council takes its responsibilities to supporting older people extremely seriously when considering residential care options.

“We are involved from the very beginning, as soon as individuals approach us seeking options on residential care, and have a robust policy in place on top-up fees as part of our support and guidance.

“Thoroughly-trained finance officers support families with advice on benefits and payments and the council must agree to any top-up payment, ensure the agreement documents are in order, and make certain that the payments are sustainable. Third party top-ups are reviewed annually.

“The council also signposts individuals to other organisations which may be able to provide relevant advice, including Age UK, the Citizens Advice Bureau and independent legal advice.”