Bristol woman wins £127k High Court claim for mum’s care at home

Bristol woman wins £127k High Court claim for mum’s care at home

Bern Rogers from Bristol has expressed immense relief after winning a significant legal battle that entitled her to financial compensation for the care she provided to her elderly mother, Sheila, during her final years. The family dispute began after Sheila’s death in 2020 and escalated to the point where Bern faced criminal fraud charges. However, Bern was acquitted by a jury in 2022, and subsequent legal proceedings in the High Court established she had an informal contractual agreement with her mother for payment in return for caregiving. The court awarded Bern £127,500 for the 850 days she cared for Sheila, who suffered from dementia and other health issues.

Sheila, after moving into Bern’s home in 2017, chose to be cared for by her daughter rather than receiving professional home care or moving into a residential care facility. Bern agreed with her mother that she would receive payment for the intensive, round-the-clock care she provided. Following Sheila’s passing, Bern took £100,000 from her mother’s estate, which triggered police involvement and charges for theft and fraud. The money was seized during the police investigation, but Bern was ultimately found not guilty. After this, she pursued a civil claim to recover what she was owed, which was upheld by the High Court.

The caregiving role was described by Bern and her husband John as nonstop and highly demanding. Sheila’s condition worsened over time, being diagnosed with dementia and suffering from a disabling prolapse among other health problems. John remarked on the relentlessness of the care, noting that Bern even slept beside her mother in her final weeks to ensure her safety. Despite the profound strain, Bern maintained that she would have cared for her mother regardless of payment but highlighted that Sheila was clear about wanting her daughter to be compensated rather than relying on costly external carers. Bern described being reported to the police by family members as a “terrible and devastating betrayal.”

Legal experts commenting on the case have highlighted its potential impact on future claims involving informal caregiving arrangements within families. Although the ruling does not automatically create legal precedent, it signals a shift in the courts’ willingness to recognize contractual agreements in family caregiving situations, even where formal documentation or agreed amounts are lacking. Emma Holland, a partner at Stewarts, remarked that the judgments show courts applying ordinary contractual principles to familial relationships. Another expert described the decision as “hugely significant” and likely to encourage similar claims, reflecting a broader understanding of the continuous and restrictive nature of caring for elderly relatives. The estate, managed by Bern’s brother Andrew Wills, intends to appeal the amount awarded but acknowledges willingness to cover genuine expenses and offer extra payments for Bern’s efforts

Read the full article from The BBC here: Read More