DUDLEY Council is flouting new rules on top-up fees for care homes, leaving families forking out unfairly for unnecessary costs, campaigning charity workers have revealed.

Independent Age, a charity for older people, says people could be paying anything up to hundreds of pounds extra a week for "extras" in their relatives' care homes without it being properly agreed and arranged with their local authority.

Responses to a Freedom of Information request by the charity found that five out of 10 West Midlands councils who replied – including Dudley – were ignoring one or more of the new rules over top-up fees, which are an option for care home residents whose fees are paid by their local authorities and are charged for add-ons, such as a larger room or nicer view.

Councillor Dave Branwood, cabinet member for adult social care, said: “This report doesn't paint an up-to-date picture of how third party top up fees work in Dudley. We have improved our advice and information services and this isn't reflected in the key findings of the report.

“What the report does accurately identify however is the huge financial pressure facing the Adult Social Care sector.

“Dudley Council works hard to minimise the impact of these cuts on local people, and Council Leader Pete Lowe has been vocal on a national stage calling for improved funding for social care.”

Janet Morrison, chief executive of Independent Age, said: “Top-up fees must be fair, be agreed in writing and be reviewed regularly.

"Rules introduced by the Government make it clear that it is councils that are responsible for making sure this happens and relatives are not charged unfair fees.

"Yet our research shows that many councils in the West Midlands are failing to do this."

Top-up fees are intended to be voluntary payments by relatives and it is estimated that almost 50,000 older people in England have such a cost paid towards their care by a relative.

The Care Act tightened the rules by saying that such fees should always involve the informed consent of all parties, have a written agreement and that arrangements should be reviewed regularly.

But Independent Age found that, out of 117 authorities that provided information, 36 did not have a written agreement in place for all top-up arrangements in their area and 29 had no procedure for a review.

Twenty-seven had no arrangement agreed by each resident, care home provider and the local authority. A further 44 were unable to respond clearly to the request from Independent Age.

The charity said that, despite the introduction of the legislation, "poor practice is continuing among a significant number of councils".

Older people with assets of less than £23,250 may qualify for financial support from their council to pay care home fees, with families and friends choosing voluntarily to top up to opt for a more expensive placement.

Councils should always offer at least one care home placement that does not involve the need for a top-up, leaving such fees as a choice, rather than a necessity.

Anyone who is concerned about paying care home fees can speak an Independent Age adviser on 0800 319 6789 or visit www.independentage.org for more information.