Christine Avery’s life changed in an instant when she was hit by a motorbike while crossing the road in 2019 and had to have a leg amputated.
Now, the 93-year-old great-grandmother, who has mixed dementia and is unable to walk or talk, is in a home, requiring round-the-clock help. But her daughter, who has power of attorney, faces court action over arrears of a £50,000 care bill and at one point Christine faced removal.
Home owner MACC Care instructed lawyers to recover the outstanding debt and they have threatened that proceedings could follow if the bill is not settled by Monday. The company’s move comes even though fresh funds are expected from a legal claim over the crash. Christine’s daughter, Louise Barton, told us: “I’m appalled.”
A brochure for the home, Dora Rose in Staffordshire, says: “The calibre and commitment of our team is second to none – we aim to look after you, or someone close to you, just like family – with warmth and compassion, prioritising individual wellbeing and personal happiness at all times.”
Christine, 93, has mixed dementia and is unable to walk or talk (COLLECT)
Christine's daughter Louise Barton (Jonathan Hipkiss Photography)But Louise, 60, said: “I feel the way they’ve treated her has not shown any compassion at all.” Campaigners pointed to Christine’s plight as a glaring example of Britain’s broken care system. The case emerged almost five years after the Conservatives pledged to fix the crisis.
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Retired receptionist Christine suffered a horrific injury four-and-half years ago when she was hit by a motorbike near her home in Penkridge, Staffs. Her accident was featured on Channel 5’s 999: Critical Condition, a fly-on-wall programme about patients with life-threatening conditions at Royal Stoke University Hospital.
Her leg had to be amputated and she went into care, robbing her of independence and the chance to tend to her “show-stopping” garden. In April 2021, Cannock magistrates ordered Michael Hedworth to pay £643 for driving without due care and attention and using a motorcycle with tyres with less than 1mm tread.
A civil claim has been brought against Hedworth and his insurer. A final settlement needs to be approved by the court, with Louise’s legal firm anticipating that it “will be a considerable and significant amount”. A hearing is due to take place next month, to timetable the case.
Christine celebrating her 89th birthdayLouise said Dora Rose, where her mum has lived since May 2021, has been aware of the situation. Christine, who has vascular dementia and Alzheimer’s, has received a total of £160,000 to date in general interim payments from the insurance firm, which has been used to fund care.
The home’s fees are nearly £7,000 a month and since summer, retired teaching assistant Louise said she has also made some £700 monthly payments funded from her mum’s modest pension. Nearly £50,000 remains outstanding to the care home, which Louise cannot pay until a settlement is reached. But MACC Care called in a debt collection agency.
Louise said: “I’ve had to go to therapy because of the stress of all this. I went to therapy 18 months ago because I’m on my own trying to cope. I’m having to deal with it all myself.”
Volunteer librarian Louise, who has her own health issues and lives in her mum’s three-bed semi, said: “I’ve been terrified feeling someone’s going to turn up and try and take stuff out the house. I’m living on benefits, everything I’ve got here, I’ve bought.”
Louise – mum to Maddie, 27, and Charlie, 29, who had a baby 12 weeks ago – said: “It’s been bad enough the fact that I needed therapy to cope with the stress of the court case that was going on in the background for the last four-and-a-half years and what that man’s put my mum through. To now have to deal with this on top of that, it’s beyond belief. It’s unbelievable that they would do this when they know that there’s a court case coming.”
In a March 4 letter to Christine, a legal firm warned she had an outstanding balance of £49,741.92. It read: “Invoices and statements have been provided upon which we intend to rely, should proceedings be issued. In addition, our client would be entitled to charge interest to s69 of the County Courts Act 1984 at the rate of 8% from the date the invoice(s) fell due. You would also be liable for costs and fees. Payment is required by no later than 4pm on 18 March 2024.”
The letter, from Manchester-based Pannone Corporate LLP, added: “Should you fail to provide payment we shall have no alternative than to commence Court proceedings forthwith and without further notice, the costs of which you will also be held liable for.”
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In an earlier letter to Louise, dated February 21, debt collection firm Control Account wrote: “You must reimburse this sum straightaway to avoid further action being taken… You have seven days to pay… If you don’t pay within seven days or contact us to discuss this matter, we will continue to contact you and the matter may have to be escalated.”
MACC Care Group Ltd recorded a pre-tax profit of £42.4million in the year ended September 30, 2022. The company is the parent firm of Macc Care (Stafford) Ltd, which is chasing payment.
Christine's accident was featured on Channel 5’s 999: Critical Condition (CHANNEL 5)The firm’s solicitors, Carter Ruck, said: “Ms Barton was updated on costs at all stages of the process; funding options were discussed with her at appropriate points in time.” They added: “Non-payment of fees across long periods of time has consequences in terms of paying salaries and ensuring care standards are maintained for all residents.”
They described the firm’s recorded profit as an “accounting gain”, not a realised profit, and while Dora Rose “have enormous sympathy for Ms Avery and indeed her daughter” the costs of Mrs Avery’s past care remain payable and Louise was aware of this at all times. They also claim that “regrettably Ms Barton continued to ignore Dora Care’s attempts to contact her about the outstanding debt”.
It is nearly five years since Boris Johnson used his first speech as PM to promise to “fix the crisis in social care once and for all”. According to the Office for National Statistics, England had an estimated 372,035 care home residents from March 1, 2022 to February 28, 2023, including 137,480 “self-funders”.
Christine with her daughter Louise and grandchildren Charlie and MaddieJayne Connery, of Care Campaign for the Vulnerable, said: “Britain’s care system is broken because the Government has failed to prioritise social care. The repercussions of this neglect are felt daily by vulnerable individuals in care bearing the brunt of inadequate support and oversight.
“While we acknowledge the efforts of conscientious providers who work tirelessly to uphold high standards, it is distressing to encounter cases where profit motives appear to overshadow the needs of those in care.”
As of February, the cost of Christine’s care at Dora Rose is being covered by the local authority. Adult social care is means tested and care home residents with capital up to £23,250 are eligible for support. Eileen Chubb, founder of charity Compassion in Care, said: “It’s in circumstances like this that you see the real cost of privatisation.”
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