The Director of Adult Social Services advised the Cabinet of recommendations made by the Audit and Risk Management Committee for the reimbursement to tenants and former tenants of Bermuda Road, Curlew Way and Edgehill Road, Moreton in respect of the period between December 2000 and the application of Fairer Charging arrangements in February 2006. The report summarised the Committee’s resolutions, set out some legal and practical issues for Members to consider and suggested how the recommendations might be implemented.

The Cabinet Member for Social Care and Inclusion expressed regret that overcharging had occurred and recommended that Cabinet agree the reimbursement.

The Leader thanked the Audit and Risk Management Committee for all the work they had done on this issue and added his personal apologies to those tenants and former tenants who had been overcharged.

Resolved – That,

(1) the recommendations of the Audit and Risk Management Committee be approved and;

(2) the principle of reimbursement of service users at Bermuda Road, Curlew Way and Edgehill Road, Moreton between April 2003 and February 2006, insofar as the sums actually paid by an individual service user exceeded what they might reasonably have been required to pay had the Council implemented Fairer Charging in April 2003, by making, upon receipt of a legitimate claim, any appropriate reimbursement and/or to take any other appropriate restorative action, be approved;

(3) the reimbursement of residents and former residents of Bermuda Road, Curlew Road and Edgehill Road, Moreton for the period dating back from March 2003 to December 2000, based on the difference between the “Special Charging Policy” and the wider review of Social Services charging approved by Members in July 2000, where the Council is in receipt of a legitimate claim; and/or to take any other appropriate restorative action, be approved;

(4) officers be authorised to write (and confirm with appropriate other means) to individuals (and their carers and advocates) informing them of this decision and inviting them to seek appropriate advice so as to ensure they make an informed decision if they choose to submit a claim; and to provide sufficient information to advocates, acting on the individuals’ behalf, to ensure that the individuals can be fully advised of all relevant implications;

(5) officers be authorised to agree approval of any such claims that fall within the limit of the calculated reimbursement figure and/or any other lawful restorative action;

(6) officers be instructed to report the outcomes of those transactions to the Audit and Risk Management Committee and the Health and Well Being Overview and Scrutiny Committee;

(7) officers be instructed to report the outcomes of those transactions to the Department of Work and Pensions; and

(8) the additional cost of the reimbursements, beyond the £68,000 currently set aside in the accounts, be met from the Council balances.