URGENT - Private Nursing Home & Local Authority EVICTION Pending

IAmWales

You don't have a case against the care home. The care home manager cannot be expected to know about changes in legislation, nor can they give a definitive answer as to whether LA funding would be forthcoming. I can't think of any legislation that would make them liable to you, certainly not any consumer laws. Plus I'm doubting you have written evidence of these discussions, which would be vital if you did have a claim.

Are the private home fees considerably more than what the LA is willing to pay?

You mention your mother using her funds for gifts, I assume these are not for large amounts? The LA will look at her accounts to check for deprivation of capital.

I would strongly emphasise an earlier point, do not let this get to the point of eviction. If this happens the home will hand your mother over to social services and she will be taken to wherever there is a place. This would be extremely distressing for your mother, but be in no doubt that it will happen.

Tony_H_3

My sister has power of attorney, we would love for mother to stay put, there are reasons why it really would not be suitable to move mother. It's got everything to do with her needs and stability, but the social worker / LA are totally dismissive, infact they are disrespectfully dismissive.

IAmWales

Tipsntreats wrote: »

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.

The best interests principle is not open ended. If the care home has fees of £1000 a week and the LA only pay £600, they are under no obligation to pay the extra if the client's needs can be met within cost elsewhere.

SS decisions can seem brutal, sadly with all the cuts in social care they have to be.

Tony_H_3

IAmWales wrote: »

Are the private home fees considerably more than what the LA is willing to pay?

I don't know the full financial details (at this stage) but I believe mums monthly cost is currently £4600.

The letter of intended eviction states that the private nursing home has been in private negotiation with the LA and has reduced the cost to £900 weekly. The LA have said they would pay £700 weekly. From what I have seen I believe mums weekly pension is between £600 and £675.

Tipsntreats

Tony_H wrote: »

My sister has power of attorney, we would love for mother to stay put, there are reasons why it really would not be suitable to move mother. It's got everything to do with her needs and stability, but the social worker / LA are totally dismissive, infact they are disrespectfully dismissive.

Now I really must go out. But I just came back. Firstly stop getting stressed, you will not be able to think straight. Glad that someone has LPA, that means you can contact the OPG, and explain the situation. They can arrange for an independent social worker, if you feel your Mother's current social worker, is not listening to your concerns.
Gosh I have been through this, so many times.
I will pop back later. Try and stop worrying, there is light at the end of the tunnel - believe me:)

Gingernutty

Has your mother had an assessment with respect to Continuing Care?

The rules have been tightened up considerably in recent years, but if your mother qualifies for NHS Continuing Care, then the fees are paid by the NHS.

onomatopoeia99

Tony_H wrote: »

I don't know the full financial details (at this stage) but I believe mums monthly cost is currently £4600.

The letter of intended eviction states that the private nursing home has been in private negotiation with the LA and has reduced the cost to £900 weekly. The LA have said they would pay £700 weekly. From what I have seen I believe mums weekly pension is between £600 and £675.

Apologies if I'm missing something blindingly obvious here, but the above looks like fees are £900, LA will contribute £700 of that and your mother has an income of (worst case) £600. Can she not meet the £200 shortfall out of her weekly pension income and live on the remaining £400/week?

Tony_H_3

Gingernutty wrote: »

Has your mother had an assessment with respect to Continuing Care?

The rules have been tightened up considerably in recent years, but if your mother qualifies for NHS Continuing Care, then the fees are paid by the NHS.

We originally attempted to go down this route 6 years ago. Unfortunately it's not something we can use at this current time.

Tony_H_3

onomatopoeia99 wrote: »

Apologies if I'm missing something blindingly obvious here, but the above looks like fees are £900, LA will contribute £700 of that and your mother has an income of (worst case) £600. Can she not meet the £200 shortfall out of her weekly pension income and live on the remaining £400/week?

No, when you become funded your pension get's paid to the LA, the LA then pay the nursing home. So essentially the LA have offered to pay the nursing home £700, but the LA will receive £600 'ish from mother. Effectively costing the LA less than £100 / week.

Frustratingly if someone has minimum pension the cost to the LA would be far higher.

peachyprice

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?

Tony_H wrote: »

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

Tony_H wrote: »

I don't know the full financial details (at this stage) but I believe mums monthly cost is currently £4600.

Have you seen proof of where this other £3.5-£4k, every month, has gone? Surely she can't be spending that much on "paid for" facilities month in, month out.