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Oldbury man prosecuted for theft of money intended to fund care  | Sandwell Council

Oldbury man prosecuted for theft of money intended to fund care 

Published 26th May 2023

Sandwell Council has prosecuted an Oldbury resident for stealing around £44,000 from a family member’s Direct Payment, money given by the council to pay for care for a family member.

Abdul Habib Khan, aged 59 from Oldbury pleaded guilty to two charges contrary to the Fraud Act 2006. Following the plea, a sentencing hearing at Wolverhampton Crown Court was held on Thursday 18 May.

Mr Khan has been sentenced to 24 months imprisonment suspended for two years. He will also have a curfew between the hours of 10.30pm and 6.30am for six months and has 15 days of Rehabilitation Activity Requirement (RAR).

The defendant received Direct Payments to fund his family member’s identified care needs. Between the years of 2013 and 2019, he underused approximately £30,000, meaning the family member did not get their identified care needs met.

In addition there was a balance of £14,000 in his bank account on termination of the Direct Payment agreement. Mr Khan was advised that this money was not his to keep and was invoiced and asked to return this to the council, however, he did not pay it back and later withdrew the money in cash.

Councillor Bob Piper, Deputy Leader at Sandwell Council and Cabinet Member for Finance and Resources, said: “Mr Khan abused his position of trust and stole a total of £44,000 over a prolonged period of time.

“This is a very sad case that resulted in a vulnerable adult not getting their identified care needs met.

“Direct Payments should be used as set out in support plans and this case goes to demonstrate we will take action if these payments aren’t used correctly.”

Direct Payments must be used for items and services set out in a support plan. The money can't be used for anything else including day-to-day living expenses or to pay debts. The council can take action to get the money back if it has been spent it on anything that has not been approved.

Due to limited means, Mr Khan has been ordered to pay £15 per month for 12 months with the council being advised to pursue recovery of the outstanding amount through the civil courts.