A couple who denied stealing over £200,000 worth of social care payments meant for their disabled son, were today sentenced to a two-year custodial sentence which was suspended for 2 years at Ipswich Crown Court.

They were also handed an order to complete 20 days of rehabilitation. Simon Toloui was also sentenced to 200 hours of unpaid community service.

This followed a successful prosecution by Suffolk County Council in what is believed to be one of the largest direct payment frauds. 

Rebecca and Simon Toloui of Main Road, Chelmondiston pleaded not guilty in February 2021 to charges of fraud by abuse of position between June 2015 to March 2019 in respect of dishonestly and thereby intending to make a gain for themselves, abusing their position as recipients of direct payment social care funds for their disabled son. 

Ipswich Crown Curt (Picture: Nub News)

A trial commenced in November 2023 lasting five weeks with the jury unanimously finding both defendants guilty in early December 2023.  

The Tolouis were responsible for managing their son's direct payment from the council that was meant to be used to pay employed carers and for activities as agreed in his care and support plan. 

The money was paid by the Council into a holding account run by Suffolk Independent Living who would be instructed by the Tolouis what payments to be made and also ran a payroll service for the carers the Tolouis employed. 

Over time, their son's needs became more complex, and the care package and payments increased, eventually moving to his own accommodation and assessed as needing 2 carers, 24 hours a day, 7 days a week which the Council funded through the direct payment.

Following a review of how the direct payment was being used, concerns were raised, and an investigation began. This found that between July 2015 to March 2019, invoices totalling £188,850.40 were sent by the Tolouis to Suffolk Independent Living from a business allegedly providing carers to their son. The business in fact was their own and no such carers had looked after their son. 

The payments were either kept in their business account or transferred to their personal accounts and was spent on their own lifestyle.

Furthermore, the investigation found that between July 2015 to August 2016, the Tolouis sent requests to Suffolk Independent Living totalling £18,800 to be reimbursed for paying respite carers, when no such carers existed.

Throughout the investigation the Tolouis created further false documents to show alleged hours provided by carers through their business and came up with a number of explanations which were found to be untrue.

During the investigation, the direct payment to the Tolouis ceased and the Council worked with an experienced care provider to transition care arrangements and ensure their son was receiving the assessed level of care he needed.     

Suffolk County Council will now be pursuing a Proceeds of Crime Hearing, with the aim of recouping stolen funds. 

Cllr Beccy Hopfensperger (Picture Suffolk County Council)

Speaking after the sentencing Cllr. Beccy Hopfensperger, Cabinet Member for Adult Care said: "The fact these people deliberately arranged less care hours for a disabled person and pocketed the remaining balance to fund their own extravagant lifestyle, is one thing. The fact that person was their own son is shocking and appalling to me.  

The fact that person was their own son is shocking and appalling to me.  

"This fraud was entirely deliberate and involved careful planning by lying to social care practitioners, finance staff and to the carers they employed to look after their son. 

"Throughout the investigation they sought to deceive investigators with further lies and this continued during the Crown Court trial.   

"I am pleased the jury saw through this. 

 "I want to thank the Counter-Fraud Team and Legal Services for their hard work in successfully prosecuting this case. I hope this outcome serves as a clear warning to others who may be thinking of trying to defraud social care.

"Suffolk County Council will always vigorously pursue and prosecute people who steal from the taxpayer."