'Contemptible' couple found guilty of fraud after spending cash meant for son's care
By Derek Davis
8th Dec 2023 | Local News
Chelmondiston couple Simon and Rebecca Toloui face a maximum 10-year jail sentence after being found guilty of spending money intended to care for their autistic son, who now lives in Hadleigh, on their own 'lavish lifestyle'
They were convicted by a jury at Ipswich Crown Court, which was sitting in a room at Colchester Magistrates Court, after denying a charge of fraud by abuse of position.
The couple received up to £16,600 per month from Suffolk County Council, towards Mr Toloui's adult son Andre, from a previous relationship, who has a severe form of autism, leaving him with acute learning difficulties, non-verbal, and needing round-the-clock care by two people.
The court heard that Simon Toloui, 68, and wife Rebecca, 61, who lived in £500,000 detached house on Main Road, Chelmondiston, subsidised their lives with the public money, using it to travel to a Spanish apartment which they visited several times a year and an expensive car
Mrs Toloui is also alleged to have splashed out on designer goods including handbags and £13,000 on private surgery to have a gastric band fitted.
The Tolouis were meant to pay for round-the-clock, two-to-one care but only employed one person for a few hours a day, the court heard.
The money they pocketed was also used to make mortgage payments and cover bills.
The court heard how they travelled to their holiday home in the city of Muircia in south-east Spain several times a year, with the fraudulently obtained funds covering flights and currency exchanges at Stansted Airport.
The couple purchased a Motability car for Andre but carers said they had no access to it and had to use their own cars, which was unsuitable because Andre has a large build and could become aggressive or violent.
The defendants also drove a top of the range VW Toureg at a cost of £735 per month in finance. The vehicle had a private number plate.
It was reported how designer goods purchased with the money included two Louis Vuitton bags that came to light after a witness described how Mr Tolouis told them his wife had just been to London and spent £8,000-9,000 on them.
They also threw a Christmas party where carers were presented with Versace scarves.
Suffolk County Council, which brought the prosecution, will seek to recoup some of the money at a later date through a Proceeds of Crime hearing.
Councillor Beccy Hopfensperger, the council's Cabinet Member for Adult Care, said:
'The Tolouis' crime was contemptible. They abused their position to fund their own lavish lifestyle while arranging a lower level of care for their disabled son
'I hope this verdict sends a clear message that stealing from the social care system will not be tolerated and we will prosecute all those we suspect of fraud.
'I would like to thank Suffolk County Council's Counter-Fraud team and Legal Services for their hard work prosecuting this case and I look forward to the sentencing in the new year.'
Simon Toloui subsequently told reporters they continued to deny wrongdoing and are considering an appeal.
Instead, he explained, the issue to consider was whether they had dishonestly abused their position between June 2015 and March 2019 by spending £208,000 intended for Andre.
'They say it was spent directly or indirectly for his benefit and they didn't misuse it,' Mr Kendrick told Ipswich Crown Court, which was sitting in a room at Colchester Magistrates Court.
Andre remains in a housing association bungalow in Hadleigh and his father and stepmother are still involved in his care, the court heard.
The Tolouis – who no longer receive direct payments for Andre's care - will be sentenced in February and Recorder Paul Garlick KC warned them all options were open.
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