moving Gran from one local authority home to another

[Sally]

Hi everyone, looking to pick your brains here! A pal's Gran is currently in hospital, has no savings but house to sell. Naturally she and her family would like her to move many miles to live in a care home near them, but the local authority are saying 'No go'. Surely, since they will be paying initially for Gran under a deferred payment arrangement where she lives currently, they can agree to the move even if the home where she is moving is more expensive - they will get all their money back in the end anyway? Seems harsh to me, has anyone succeeded where we are failing?
Thanks, Sally

 

[ella24]

We did just this.

We moved my gran under a deferred payment scheme from her own home in the midlands to near us on the south coast.

Some things we had to agree to:

• that we would provide a top-up for the difference between what the midlands Local Authority would pay, (and what the CH cost (after the 12 week disregard and until the house was sold and the midlands LA recovered the money under a charge on the house) - the top-up paid by us is able to be recovered from the house sale too.
• that gran's fees would be covered by the house sale for a minimum of 12 months - at which point she becomes 'ordinarily resident' in the south, and therefore transfers to the new LA if she needs funding in the future.
• that we understood that the max fees payable by the midlands LA were x amount (I think it was £340) and the new max fees for the new LA would be y (I think it is £440)

does this help?

 

[Sandy]

Hi Sally,

You might want to look at the Age UK (was Age Concern) fact sheet on choices in accommodation:

http://www.ageuk.org.uk/home-and-care/care-homes/choice-of-accommodation/

I think I remember people also using the clause in the Human Rights Act about Right to Family Life as justification for moving their relative nearer to them.

You might also ring the Age UK advice line as they probably deal with this type of issue fairly frequently.

You might also look at this advice service from the Elderly Accommodation Council:

http://www.firststopcareadvice.org.uk/

Take care,

 

[ella24]

H
I think I remember people also using the clause in the Human Rights Act about Right to Family Life as justification for moving their relative nearer to them.

Yes Sandy, we used the 'meeting social, emotional spiritual needs' arguement - gran's needs were met better if we moved her nearer because we were able to support her emotionally and socially as part of the rest of the family, and she would have more visits...

 

[Sally]

Thank you very much, this is very very helpful. We have tried the Human Rights argument but the social worker simply said 'I do not agree'. A formal complaint may change his mind!

But the example given of the move to the South coast is excellent and entirely relevant, I will pass this onto my friend and see how she gets on.

Many thanks again.

 

[Sally]

for anyone interested

My friend got what she wanted - the local authority agreed to move her Gran to be near her family. I personally put this down to the fact that the woman's son clued himself up with legal phrases (such as giving the Human Rights Act angle). Just thought I would conclude this post with a big positive!

 

[Goingitalone]

Hi Sally,

I'm certainly interested. Everyone loves a happy ending.

You're a good friend.

And I'm really pleased TP helped you and your friend as much as its helping me.

Maggie

 

[sleepless]

Hello, Sally,

Good result! and thanks for the feedback, always useful,

regards, sleepless.