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I really am sorry to hear what has happened to your mom and what you are currently going through. I would imagine that this would be an extremely difficult time for you and your family.
If there has been an over payment and the care home has failed or is unwilling repay, your mother's estate may ultimately have to take steps to bring legal action against them for this money or make a formal complaint to the home about the over payment.
What I recommend is that you or the executors of your mother's estate first send a letter to the manager of the home. In this letter you should set out the amount you believe is owing and why it is that you say it is owing. You will need to state clearly when payments were made by the family as well as the council and any over payments. you should also invite them to see whether they would be open to discussing things amicably. You should also ask them for the information for the complaints department/manager which they are required to have. You may send a copy of the letter to them also.
If the problem is not adequately addressed you should then escalate your complaint to the local council. Again ensure your complaint to them is also in writing. If you’re unhappy with the response from the local council, then you need to approach the Local Government and Social Care Ombudsman, who may be able to investigate further.
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