Daughter wins £127k claim for caring for mum at home

ByMatty EdwardsBristol and Fiona LamdinWest of England home and social affairs correspondent

A woman has described her "phenomenal" relief after she won a legal case that means she is entitled to be paid for caring for her elderly mother in her final years.

Bern Rogers, from Bristol, told the BBC of the "harrowing and deeply sad" family dispute since her elderly mother Sheila died in 2020, which even led to her facing criminal charges.

Legal experts said the "hugely significant" High Court ruling would lead to other claims.

The executor of Sheila's estate, Bern's brother Andrew, said it had "always been willing to pay" her "genuine expenses" and an extra amount for her efforts. But the estate intends to appeal against the judgment that awarded Bern £127,500 for care she provided.

Bern looked after Sheila, who had dementia, for two-and-a-half years.

After Sheila moved into Bern's house in Bristol in September 2017, she wanted to be cared for by her daughter rather than get costly home care or go into a residential care home.

Crucially, Bern said she agreed with her mother she would be paid for the round-the-clock care.

After Sheila died in April 2020, Bern took £100,000 from her estate. It led to her being reported to the police for fraud and theft.

The money was seized and Bern was charged. But, at a trial at Bristol Crown Court in 2022, she was found not guilty by a jury.

After being cleared, Bern turned to the civil courts.

In 2025, a High Court judge ruled she had entered into an informal contract with Sheila for payment of a reasonable sum for her care.

The estate was also ordered by a judge to pay Bern's legal costs.

In August this year, another High Court judge worked out the amount Bern was due and ruled she was owed £127,500 for the 850 days of care she provided.

"Mum came to live with me, she became very confused and was seen wandering in the garden and obviously needed care," Bern said. "We didn't know what was wrong with her."

She said caring for her mother had been like a full-time job, adding: "I couldn't leave her really. She became unpredictable."

Sheila became more frail, was diagnosed with dementia and also had a series of physical health problems, including a "chronic" and "disabling" prolapse.

Bern's husband John said: "It was relentless after she moved in with us. We couldn't go out even to the shops. It was a 24-hour job.

"It was a privilege, but we had to put our lives on hold for more than two years and revolve our lives around looking after her."

He remembered that in Sheila's final weeks, his wife was sleeping on the floor of her mother's bedroom to make sure she was alright.

'Devastating betrayal'

Bern said "of course" she would have looked after her mother if she had not been able to pay her.

But she said her mother had wanted to be looked after by her daughter rather than getting professional carers or going into a home, which would have cost thousands of pounds a month.

"She was very insistent and would tell anyone that would listen that she wanted to make sure that I sorted out money for her care, I was to make sure I got paid properly," she said.

Multiple messages from Bern's siblings were shown in court saying that she should be paid something for the care, although no amount was agreed.

That is why, she explained, shortly after her mother had died, she transferred £100,000 from her mother's account.

Bern was reported to the police for theft and fraud, which she describes as a "terrible and devastating betrayal".

"It has been harrowing and deeply sad for it to go from a normal family relationship to being treated like a scapegoat, five against one," she said.

After the two separate High Court judgements in her favour, Bern said: "The weight off my shoulders was phenomenal.

"It has been absolutely wonderful to be vindicated. It means I can get on with my life now, the rest of my retirement."

Bern said: "I'm very proud of her, actually, because she has stuck up for her mother, for carers and for herself.

"It's been a very long and tough journey of nine years, and we've finally got justice."

'Future courts will follow'

Legal experts have told the BBC that while this case does not automatically set a legal precedent, it is likely to lead to similar claims in future.

Emma Holland, partner in trust and litigation at Stewarts, said: "What this case demonstrates is that the courts are willing to apply ordinary contractual principles to family relationships, which wasn't clear before."

This means family members are more likely to be entitled to payment if there is an informal agreement, she said, even without an amount being agreed.

"These are considered, well-reasoned judgements by highly esteemed judges, so I would think it's very likely that future courts will follow them," Holland said.

Beth Middleton, senior associate in private wealth and disputes at JMW, said this was a "hugely significant" case that would "open a floodgate of claims".

Sarama Dutton, partner at Collyer and Bristow, who specialises in trusts, inheritance and wills, said the judgements were likely to be "influential".

"It demonstrates a willingness to look beyond individual care tasks and acknowledges the broader reality of providing care to an elderly relative, including the continuous supervision, responsibility and restrictions on personal freedom," she said.

Bern said she was "terribly proud" that her case could influence others in future, which she said was her mum's "legacy".

"It's a huge win for carers everywhere," John added, but stressed families still needed to have open discussions about what was fair.

The ruling that states that Bern is entitled to payment cannot be appealed against, however, the estate intends to lodge an appeal against the second ruling that decided the amount owed.

The executor of Sheila's estate is Bern's brother, Andrew Wills. In a statement on behalf of the estate, he said: "The only agreements that we (her siblings) were aware of was for my mother to give Bernadette £50 per week 'keep' and to ensure that Bernadette was not to be out of pocket.

"We were not made aware of any other contract between our mother and Bernadette."

The statement added: "At all times I have attempted to be independent and to act in the best interests of the estate.

"The estate has always been willing to pay Bernadette her genuine expenses as well as an additional gratuity in recognition of her efforts for our mother.

"We have always tried to be fair. Unfortunately, our offers were not accepted by Bernadette who instead issued legal proceedings against the estate."

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