Care homes to challenge LAs over unfair fees

EdInvestor

http://www.telegraph.co.uk/health/elderhealth/6475611/Elderly-pay-higher-care-home-bills-so-others-can-go-free.html

Cherie Booth to lead court case.Homes say the system penalises self funders, because they are forced to charge them higher rtaes to make up for LA skimping.

CHCscandal

The details of this were input to monkeyspanners continuing care thread some time ago, here are some more details.

http://fairerfeeforum.org/

http://news.bbc.co.uk/1/hi/uk/8036140.stm

Aston Brooke Solicitors handling the case for private care home owners across England.

This prolonged under funding has created: have been asked to investigate the options available to care home owners who are trying to achieve a true cost for care from the Local Authorities.

The Local Authorities in the UK are almost in all cases paying well below the true cost of care for residential, nursing and domiciliary care.

A two- tier funding structure, where private paying residents are cross subsiding the Local Authority residents.

Shortage of skilled staff due to the fact that the NHS has higher salaries, pension schemes, more training facilities.

Investment in developing purpose built care homes and refurbishing of existing care homes has reduced. This in turn will lead to a shortage of registered beds.

The detrimental position that has been adopted by the Local Authorities is due to the fact that they procure a majority of all care beds in the UK. Hence, believe they are able to set the fees rates to be paid for residents. Previously, care home owners have not upset the status quo as they were mindful of any adverse repercussions.

With this in mind the Fairer Fee Forum (FFF) has be formed. The FFF will be at the forefront of all negotiations with all 150 Local Authorities and act as a protective veil for all members of the FFF.

This type of approach and negotiation is the first of its kind.

1.

Objective:

What is The Fairer Fee Forum?

Who are Aston Brooke Solicitors?

Who do FFF intend to challenge?

Funding is a prominent issue in the Community Care sector.

The objective of this proposal is to outline the key legal advisory services that [FONT=TimesNewRomanPSMT,Bold]Aston Brooke Solicitors [/FONT]can provide to The Fairer Fee Forum (FFF) members.

The Fairer Fee Forum (FFF) is an independent organisation formed with the purpose of ensuring that ALL 150 Local Authorities pay the true cost of care.

The Board of the FFF will comprise of a cross-section of providers from the social care sector, e.g. residential care homes, nursing homes and domiciliary care providers. To ensure that the Board is truly representative of the sector the members will include corporate providers, medium to small size providers, single providers and not for profit organisations.

The FFF is very conscious and aware of the delicate position that the care home owners find themselves in when negotiating with the Local Authorities. Nobody wants to appear to be “biting the hand that feeds them”.

However it appears that in years gone by the Local Authorities have interpreted the respect for this delicate position as a weakness. It is evident that this business relationship between Local Authorities and care home owners is disproportionally bias in favour of the Local Authorities.

In order to correct this imbalance and ensure the working relationship between the Local Authorities and the care home owners is not damaged allnegotiations

will be done under the protective banner of the Fairer Fee Forum.

To protect and ensure the anonymity of the Fairer Fee Forum members they will not be named in the negotiations.

Aston Brooke Solicitors is one of the leading law firm specialising in representing the interests of the Community Care Sector. The firm has set its foundations firmly in this area. Aston Brooke initiated and represented the sector in the Judicial Review against the Secretary of State on her revised policy in relation to work permits for Senior Care Workers (SCWs).

The Judicial Review that was bought by Aston Brooke on behalf of ECCA ensured that: · transitional measures were introduced for SCWs that enabled over 9000 work permit extensions to be granted for this position · a consultation processes was implemented between the UK Border Agency and the Work Permit Sector Panel Members including ECCA, UNISON, NCA, RNHA and Skills for Care.

This ongoing dialogue has re-established a voice for the sector with regards to oversees workers employed in the sector.
Aston Brooke are the legal representatives for the FFF and will act as the key advisors to the members of the group in mounting a challenge against fee levels with all Local Authorities across the country.

harvey1_2

Where is the best place to go please does anyone know any more info?