Can the ICB move my Aunt without my consent? I am her PoA

[Rebellious]

Hi All

My Aunt has been in her residential care home for just over 3 years. She regards this as her home. She has dementia and suffers frequent falls. We were paying for additional 1:1 at night as this was when she was most active. On 28th Nov I went to an MDT CHC assessment. She was found eligible for full CHC funding on 28th Dec. Then the ICB did absolutely nothing. I chased them on 9th Jan. Still nothing........ On 17th Jan she fell at night and broke her hip. My poor darling Aunt. On 2nd Feb I chased the ICB again. No response. I chased on 5th Feb asking for a response that day. Still nothing. On 6th Feb I contacted them again, in stronger terms. I had a Clinical Director call me to apologise, stating that he would look into it. The 1:1 was organised that day. Fat lot of good that is at the moment. My Aunt is currently immobile due to hip surgery!! Allegedly the delay in them making any contact with me at all was due to Christmas, staff shortages, a restructure and someone having the case allocated to them and not doing anything with it. The clinical director phoned me again on Thursday, blaming the care home for my Aunt's fall and stated that she would have to move. The care home is brilliant. The looked after another family member for 11 years and I have confidence in the care they provide. They have a lot of long serving staff. The manager has been there over 20 years and is still passionate about learning and providing the best care possible. My question is, can the ICB enforce a move. It will hasten my Aunt's death if they do. I feel so guilty for making a fuss. It feels like it has all back fired on me and my Aunt may suffer as a consequence.

 

[Jessbow]

Do they take CHC Funding where she is ? they may not.

 

[Rebellious]

Yes they do.

 

[Dave63]

Ask for their evidence based rationale for suggesting the home is to blame or not meeting your Aunts needs. Tell them you want this in writing as per the guidance in the National Framework (para 310).

Para 308 - 309 also details the guidance with relation to the ICB paying due regard to the detrimental effects a move may have on a resident.

Link to the National Framework.

https://assets.publishing.service.gov.uk/media/64b0f7cdc033c100108062f9/National-Framework-for-NHS-Continuing-Healthcare-and-NHS-funded-Nursing-Care_July-2022-revised_corrected-July-2023.pdf

 

[Rebellious]

Thanks Dave. Much appreciated. I'm waiting for their written response as they have decided to treat this as a 'formal complaint' even though I haven't lodged one. All the Clinical Director said was that as my Aunt fell in the care home it was the home's responsibility to keep her safe as she was in their care at the time. He doesn't seem to understand that the care home didn't have the resources to put 1:1 in place without the CHC funding to do so, which they had failed to provide. I told him that due to my Aun't psychological and emotional needs, if they moved her they would hasten her demise. At that point he said he couldn't comment further. In my opinion they have made a mistake and see this as blame they want to shift onto someone else. All this is bad enough, without having to fight for my Aunt to stay somewhere that she feels is 'home'.

 

[amIinthewrong?]

Hi, I'm not saying this to be awkward but if you're aunt has fell and they shifted blame to where ever, it dosen'nt sound like a good enviroment for you're aunt, as now she is more at risk to fall and they aren't taking notice and as you have mentioned if she moves, her "demise" might come faster but if she keeps falling and they aren't preventing it her "demise" is going to be the same as moving her to a care home that might have more viliglent staff, I know she has settled but if she falls and it causes a severe injury, the care home will send her to the hospital so she will technically be "moved" in a sence, but if you moved her to different home there might be less risk of falling, bearing in mind a fall can still happen sadly,I'm sorry to read that the care home isn't meeting her requirements and that it is putting you in diffcult situation.💐💐

 

[Dave63]

Hi, I'm not saying this to be awkward but if you're aunt has fell and they shifted blame to where ever, it dosen'nt sound like a good enviroment for you're aunt, as now she is more at risk to fall and they aren't taking notice and as you have mentioned if she moves, her "demise" might come faster but if she keeps falling and they aren't preventing it her "demise" is going to be the same as moving her to a care home that might have more viliglent staff, I know she has settled but if she falls and it causes a severe injury, the care home will send her to the hospital so she will technically be "moved" in a sence, but if you moved her to different home there might be less risk of falling, bearing in mind a fall can still happen sadly,I'm sorry to read that the care home isn't meeting her requirements and that it is putting you in diffcult situation.💐💐

I spent almost four years fighting an ICB for CHC funding and I would bet my house on the fact that this is more to do with them not wanting the further expense of 1:1 care than it is about issues with the home that she and the family are happy with.

 

[Rebellious]

I spent almost four years fighting an ICB for CHC funding and I would bet my house on the fact that this is more to do with them not wanting the further expense of 1:1 care than it is about issues with the home that she and the family are happy with.

i agree, it's a very good care home. They looked after another family member there for 11 years, (2004 - 2015) going above and beyond for him and some of the staff are still there.