1. Spiro

    Spiro Registered User

    Mar 11, 2012
    522
    If the LA cannot offer a suitable care home place within the LA boundaries at the rate they normally pay, how do they deal with this?

    I was put under a lot of pressure by a representative from the LA - aka a SW :) - because I did not think the options available were suitable. As Mum would not be self funding for long, they did not want to have move her.

    The only homes offered were much further away. In the end I found a home at a similar price, in a different LA, but nearer than the others. Not ideal, but a case of needs must.

    The most suitable homes (based on her medical needs) were considerably more expensive and I could not see the LA agreeing to funding such a home.

    Does anyone have any suggestions?
     
  2. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,045
    Staffs
    They should up their rate to the cost of a CH that can meet your Mum's needs even if the only one is in another area.

    "8.37. The local authority must ensure that the person has a genuine choice and must
    ensure that at least one option is available and affordable within a person’s personal
    budget and should ensure that there is more than one. However, a person must also be
    able to choose alternative options, including a more expensive setting, where a third party
    or in certain circumstances the resident is willing and able to pay the additional cost (‘topup’).
    However, an additional payment must always be optional and never as a result of
    commissioning failures leading to a lack of choice.
    "

    There is more in Annexe A of the Statutory Guidance.
    https://www.gov.uk/government/publications/care-act-2014-statutory-guidance-for-implementation


    There should be no problem moving into another LA area as long as the CH will deal with your original LA as they will be the ones responsible for paying the bill. The LA should also take into account if the new area LA pay a higher rate but in my Mom's case they have refused. (that's the next battle:()
     
  3. Spiro

    Spiro Registered User

    Mar 11, 2012
    522
    My understanding is that you have to deal with the LA that the care home is in and accept whatever rate they pay, regardless of whether they pay more or less than the LA that the resident originally resided in.

    The situation that we are in at the moment is that Mum was not properly assessed -parts of the form were not completed - because of her finances. So I am starting again from scratch with a different LA.

    Hope this makes sense.
     
  4. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,045
    Staffs
    "Ordinary residence" is dealt with by Sec 19 of the Statutory Guidance.

    If you moved your Mum to the CH, outside of the LA where she was resident, without any involvement with that LA then it appears you should be dealing with the LA where the CH is.

    If the original LA helped with the move then they are responsible for the costs.
    :)
     

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