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Can Social Services override LPA decision going into care

JanNatty

New member
Feb 18, 2020
1
Hi All Thanks for letting me join,
Sorry for the long winded piece but I am at my wits end, I have been looking after parents both with dementia mum 87yrs worse than dad and he's 94yrs. I have been fighting with Social Services since my mum was diagnosed last year April. They both had an assessment and a financial one, due to them owning their own home and small amount of savings they don't seem interested and leaving all aspects of their care to me to put into place. I do have both LPA for both parents.
I managed to provide a paid private Homecare carers with me helping also to look after them, first was just once a day then gradually moved up to 3 times a day, 1hr in the morning 1hr lunch then half hr evening. but after 4 months my mum deteriorated quite quickly, she became quiet violent towards the carer and twice towards me which was most upsetting. I found myself even with homecare going in spending a lot of time running around after them, either shopping, washing, and as mum had sundowners going in through the night as she would ring me asking for help as dad might have fallen and couldn't get up as he was getting worse mainly mobility side with some memory loss. many a time i would turn up at night with all lights on heaters on full and cooker hob on with pans near by (fire hazard). So after considerable thought and pleading with SS to step in which they didn't, I decided to put both parents into respite self-funding in local residential with dementia unit care home for 4weeks with the plan if they settle for it to become permanent. I was not able to carry on looking after them safely and work and also I have a husband that needs looking after.

The question is,-- if they don't settle but they both don't have capacity to make decisions can Social Services over ride my decision as LPA and send them back home if they both want to go home?
I have talked to the doctor and due to the fact they are self-funding at present for another 3 month with cash savings then the property will come into play, they live in a rural location 3 miles from nearest town and amenities shops, with no transport except me, they would not be save to live back home as the care they both need between them is 24/7 and there is no local homecare available to cover their area. I have also been told the care home I have chosen their fees are above Social Services ceiling rate, which means once part funding or full funding comes into play they will need to be moved 23 miles away to a nursing home of SS choice as i'm not able finically to pay top up fees. I'm finding Social Services are not helping because my parents are mainly self-funding at this time and it was me who placed them in the home. I can't get another financial assessment with them in a care home, until they either settle or not.
 

Cat27

Volunteer Moderator
Feb 27, 2015
10,953
Merseyside
Welcome to DTP @JanNatty. Are there any place in the nursing home of choice for social services? Would you be happy with that home?
Please keep posting as you’ll receive lots of support here.
 

Sirena

Registered User
Feb 27, 2018
2,137
Surely your parents will be self funding for quite some time, given there is a property to sell? In which case, SS are unlikely to be interested, which is to your advantage in the sense you should be able to make the necessary decisions without their input.

If your parents do keep asking to go home, they will be assessed by SS and a best interests meeting will take place. However if they are not insistent on going home, it's unlikely SS will take any interest. I moved my mother to a care home two years ago, I didn't get her agreement at the time but she is happy there, SS know she has moved there but have never queried it.

If by any chance SS do get involved and recommend your parents should return home, emphasise very strongly that you do not support the decision and that you will refuse to have any input into their home care because you do not believe it is safe or in their interests.
 

Bunpoots

Volunteer Host
Apr 1, 2016
4,087
Nottinghamshire
If by any chance SS do get involved and recommend your parents should return home, emphasise very strongly that you do not support the decision and that you will refuse to have any input into their home care because you do not believe it is safe or in their interests.
This I what I had to do to keep my dad safely in his carehome although it was obvious to any sane person that he was absolutely not safe to be alone.
 

Pete1

Registered User
Jul 16, 2019
580
I'm finding Social Services are not helping because my parents are mainly self-funding at this time and it was me who placed them in the home. I can't get another financial assessment with them in a care home, until they either settle or not.
Hi @JanNatty, just in case you don't already know, your parents property doesn't need to sell immediately (in case you are worried that they only have three months funds without selling), you can request a deferred charge to be put on the property by the Local Authority (Social Services) who will pay the care costs and place a charge against the property to be deducted when the property is sold. So your parents will remain as self funders longer than the three months funding they currently have. Just in case you weren't aware.

I agree with the advice of @Bunpoots and @Sirena, although generally Social Services, in my experience, are not really interested if you are a self-funder and tend not to get involved.
 

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