URGENT - Private Nursing Home & Local Authority EVICTION Pending

Tony_H_3 · 17 April 2017 at 12:37PM

Good Afternoon Money Savers,

I believe this might be the most appropriate place to try and seek urgent advice.

The story - Our mother had a brain tumour removed 6 plus years ago and this resulted in the need for her to receive nursing care. As my late father had been good with money and mother had a reasonable sum £500k it became obvious very quickly that mother would be self funding.

Myself and my sister discussed what we thought would be best for mother and we started the search for suitable accommodation. We looked at LA nursing homes based on recommendations made by the medical / LA staff whom had brought mother through the operation. We also looked at a brand new private nursing home. It was always our intention to ensure that mother would only move once, that is from the hospital directly into the nursing home. Her house would be sold and added to her pot to provide her future care.

We opted for the private nursing home because the manager there advised that in the future when mothers money ran out the LA would meet the cost of her placement there. She explained that legislation was in place that secured funding after someone had resided at the private nursing home in excess of 2 years.

The owners of the private nursing home sold it to another company some 18-24 months ago. Myself and my sister spoke with the new manager about this being our mothers forever home and he clarified that the LA would cover mothers costs there.

A short while after the new company took over the private care home (unbeknown to myself & sister) legislation changed and the LA would no longer guarantee to cover the cost of mothers care at the private nursing home. This was NOT told to us by the manager, despite his knowledge that we thought & was told that this would be mothers forever home.

It wasn't until we started to deal with the LA that we found out there was a possibility that mother would have to move into a LA nursing home.

From this point in time things have just spiralled out of control and in my mind there have been a string of "injustices" by both the private nursing home and the local authority LA.......

I'll explain more in the next post in addition to seeking the advice of you good people.

Tony_H_3 · 17 April 2017 at 1:07PM

The very two things that occurred to begin with was that the LA asked for mothers papers so that they could carry out a financial assessment, the LA also assigned a social worker to mother. At this time the private nursing home manager explained procedure eg they would NOT negotiate on the fees that they changed, he also explained that the LA would either meet those fees or that they would NOT. He explained that the LA were not allowed to negotiate either.

The process of the financial assessment was diabolical in that the LA misplaced paperwork and took an long time to carry out the assessment, leaving mother with no money. Within days of the start of the assessment the social worker was telling us that we needed to look at LA nursing homes and to choose one, at this point no one was aware of whether or not the LA would meet the costs of the private care home. This instance on looking for alternative accommodation has been very pressurised and without mother even having a current needs assessment being carried out.

Nobody believes it would be in mothers best interest to move accommodation (mother also suffers from periodic mental issues) and we have a strong worded letter from mothers Doctor which suggests a move would be very detrimental to mother mental stability.

The financial assessment has now been done, and the LA will NOT meet the cost of the private care home. The most suitable (in there opinion) LA nursing home that is currently available is some 50 miles away, as apposed to the original one that they asked us to look at that was 4.5 miles away.

Mothers current private nursing home have issued a notice of intended eviction.

Questions

1. Can the private care home be taken to court (I am thinking "goods & services act") as they knew the reason mother was with them was so that this would be her forever home. They have had the opportunity to advise me and my sister that this was no longer the case, 18 months ago we would have been better placed to ensure a smooth transition to a LA nursing home. Instead they kept quiet and simply took what was left of mothers money.

1a. We are continuing to pay ALL of mothers money except what she is legally entitled keep to the private nursing home, will this stand in our favour at court?

2. Can social services bully people to make decisions before needs assessment has been carried out.

3. Whom is it best to complain to about the way we have been treated by the LA and social services.

Tony_H_3 · 17 April 2017 at 1:14PM

My initial thought was to buy time by making the private nursing home company go through the correct eviction procedures up to and including bailiffs.

Instigating a claim against them to try and recover mothers money, this would give us the financial ability to find the most suitable accommodation. I would still like to be able to manipulate the LA to pay for mother to stay at the private nursing home as this would be best for her.

Pulling my hair out trying to think of the steps I need to take in order to ensure mother gets whats best for her, whilst ensuring other people do not have to suffer as we have.

The most annoying thing about this whole situation is that mothers pension is considerable, the final cost the LA is far less than they would pay for someone without mothers means.

Brighton_belle · 17 April 2017 at 1:15PM

I'm really sorry you are in this situation. I don't entirely understand how £500,000 plus the sale of the house has been used up in 6 years? That works out at over £8,300 a month?
I don't know of any legislation that guaranteed you could stay somewhere if you have been there for 2 years. My experience of assessments/SS is you have to chase a lot. My father was offered a place 10 miles away (compared to the 1 mile he was to start with). This we refused as it would have been impossible for our mother to independently visit him. In the end we paid a top up fee to keep him there (i.e. the LA funded some, dad funded some and we topped up the rest.
It is a stressful time and I'm sorry I cannot offer any expertise.

Tony_H_3 · 17 April 2017 at 1:19PM

Brighton_belle wrote: »

I'm really sorry you are in this situation. I don't entirely understand how £500,000 plus the sale of the house has been used up in 6 years? That works out at over £8,300 a month?

Mothers money has been spent on her, the private nursing home has other "paid for" facilities that she has been using, holidays, presents etc.

Mojisola · 17 April 2017 at 1:24PM

There are solicitors who specialise in elderly care problems. Have you got anyone involved in your mother's case?

elsien · 17 April 2017 at 1:25PM

What is the difference between the fees your mother has been paying and the amount the LA will pay?
Does your mum have nursing needs and if so has she applied for CHC funding?
In my area there is some room for negotiation but the LA will usually only top up between £50/£100 per week and then only reluctantly. If it's a lot more than that, unless the care home will reduce the rate (and despite what they say, some will do that), I wouldn't hold out much hope.
There is of course the option of the third party top up but that depends on family members ability and willingness to find the extra, which isn't always possible.
The care home were never in a position to guarantee LA funding, whatever they may have said at the time. We are in a different financial situation now to 6 years ago with budgets being far more stretched. And the vulnerable are unfortunately bearing the brunt.

ETA - are you sure all the homes they are suggesting are LA run, as LA will pay to place people in private run homes if they fall within the amount that they can pay.

Does your mum have capacity around this decision, as if not the social worker should be following the best interests process. This does not mean she will be able to stay, but should look at her identified needs more closely to see which of the identified options would suit her best. Having said that, sometimes places do go quickly which can give less choice.

Tony_H_3 · 17 April 2017 at 1:35PM

Mojisola wrote: »

There are solicitors who specialise in elderly care problems. Have you got anyone involved in your mother's case?

We are seeking advice from mothers solicitor, but I am happy to personally instigate legal proceedings. Unfortunately my experience is limited to very open and shut small claims, hence the asking if a larger claim can be made under the goods & services act.

As Elsien said, they have no right to say what the LA will or will not do, this in itself must be miss selling.

elsien · 17 April 2017 at 1:46PM

There is little doubt that a move is detrimental to a lot of people's general wellbeing. But LA finances being as they are, in itself that is not enough. So think about any factors that may impact on your mum more so than other people in a similar situation. A vague statement off a doctor isn't enough.

For example if a person has skin integrity issues which needed a high level of intimate personal care and only allowed a very few trusted people to do that, they would have more of an argument to stay put than someone who would accept help from whoever was there at the time.

Has she now had a needs assessment under the Care Act? If not, why not?

And also consider the impact on your mum if things don't go as you wish and you dig your heels in. In what way would it benefit her to have baillifs turning up - it's going to be very distressing with little impact on the end result.

Tony_H_3 · 17 April 2017 at 2:10PM

We were told that mother would need an assessment prior to moving, this has still not been done.

Tipsntreats · 17 April 2017 at 2:20PM

OK I am back with you.
I have to go out, so I have no time to read all.
Firstly - Do you and your sis have LPA or Deputy?
Secondly - Are you happy for your Mother to remain in her current accommodation?
Thirdly - It is NEVER in a persons best interest to be moved from place to place.

The LA will always argue over finance. You have to stand your ground. Oh I wish I could come and support you. I have helped so many in the same situation.
It makes NO difference that the home is privately owned. It IS about what is in your Mothers BEST INTEREST.

URGENT - Private Nursing Home & Local Authority EVICTION Pending

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