Care home to care back at home - LA funding/cap

Discussion in 'Legal and financial issues' started by Mimi1977, May 23, 2019.

  1. Mimi1977

    Mimi1977 Registered User

    Jul 21, 2015
    20
    My mum has been in care for 4 years - she has dementia and bi-polar disorder and is under S117 funding.

    Currently she has a case before the Court of Protection to determining her 'best interests' in terms of the location of her care. She has been asking to go home on and off for 3 years and last summer proceedings under Section21A of MCA 2004 were started.

    The point we are at now, the LA has put together a potential care plan - should the judge decide that going home is best for her. They say that 24 hr 7 days a week care at home will cost £878 per week . Additional costs of £158 per night if the carer is woken on more than two occasions, plus £20.12 per hour for an additional carer if there is a requirement for extra support.

    Currently her care home costs £582 per week.

    They are saying my mum would need to 'top up' the £582 per week they currently spend on her care in the nursing home - she has savings and a monthly pension of £997.

    An independent social worker who I approached for support - but was unable to work with me, did say in her reply to me:-

    "However the local authority has a duty to fully assess and meet your Mum's needs under the Care Act and whilst they can 'take resources into consideration', they cannot make an 'arbitrary cap' on costs such as that which they would usually pay in a care home - as this disadvantages people who are best cared for in their home environment."

    Does anyone have any insight into this latter point re Care Act.
     
  2. Bod

    Bod Registered User

    Aug 30, 2013
    1,141
    My first question would be. Does she have a suitable property to return to, or will she be moving in with you?
    Second question. Are you able to give the support she will need?
    Much as she would like to return "Home", are her needs better served where she is now.

    Bod
     
  3. Mimi1977

    Mimi1977 Registered User

    Jul 21, 2015
    20
    Hi Bod, thank for the reply.

    Mum has a bungalow which I have let out, as I live outside the UK. The court has asked me to serve a S21 on the tenants - invoke the 'break clause' so that the property can be available should the judge decide she should go home. Essentially they will be served an eviction notice before the judge decides on my mum's future.

    I can't give her any support day to day. My mums 'best interests' will be decided by the judge. I want her to stay where she is, but she has a legal team appointed for her and they are strongly pushing that she goes home as it's her 'heartfelt desire' and she had some suicidal thoughts in March, which they have continued to amplify as part of their case. I'm not even sure what my mum thinks is home today. I saw her Sunday - she was confused and bewildered. Didn't mention home once.

    The additional cost is a secondary to her care needs, my mum needs nursing care. She has complex needs, as on top of her bi-polar and dementia she has just been diagnosed with breast cancer - they cant operate due to her morbidity risk, she has lots of ailments - COPD, acute thyroid condition, ischemic heart disease....

    It's a very anxious time for me, worrying that she could go home to a rota of carers, who may be ill equipped to deal with all her complex needs
     
  4. Bod

    Bod Registered User

    Aug 30, 2013
    1,141
    This is exactly why I asked.
    All you can do is to put your case to the judge, being absolutely clear as to the amount of care, and financial support you can give.

    Bod
     
  5. Fullticket

    Fullticket Registered User

    Apr 19, 2016
    460
    Chard, Somerset
    You mentioned your mum's confusion about where 'home' is? As you will know, asking to go home is sometimes a reflection of feelings of insecurity. Care homes know this, social workers know this and so do courts.
    Your mum has a myriad of disorders both physical and mental. I must confess I am a bit gobsmacked that her case has come to court - regardless of what the cost is I would have thought that a care home/nursing home would be in her best interests.
    Also, I doubt that you would be legally expected to give personal or financial support and, anyway, you are not UK resident.
     
  6. Bod

    Bod Registered User

    Aug 30, 2013
    1,141
    Mums bungalow, what furnishing will be in it, once the tenants leave?
    It might be her property, but it stopped being her home, when it was rented out.

    Bod
     
  7. Mimi1977

    Mimi1977 Registered User

    Jul 21, 2015
    20
    I am my mum's Attorney for Legal & Financial. She has savings on top of her monthly pension. I will be drawing on these.

    I am still not happy that the LA is imposing an effective cap on her care cost based on what they pay for a nursing/care home. 24/7 support at home by it's nature will be expensive. The decision for her to be at home is based on a judges 'best interests' assessment. It's not like I am looking for a better quality home and therefore choosing to pay more by top-up.

    Bod - the bungalow was let unfurnished, as is often the case these days. As far as the court is concerned it is her home, the place she says she wants to go back to. They briefly considered another rental, but that would have been more cost and if a trial period failed, we 'd have been lumbered with a 6 month contract minimum.
     
  8. Bod

    Bod Registered User

    Aug 30, 2013
    1,141
    Be prepared for this idea of her living at her own home to fail.
    Even if all her furniture was stored, and now put back in the house, she's been away for so long, she might not settle.

    Bod
    Ps Ensure the Court knows how the house will be furnished, her own, or new.
     
  9. Platinum

    Platinum Registered User

    Nov 7, 2017
    66
    Female
    South east
    Wanting to go home is so common in dementia. Does she really mean her bungalow? Also who knows if the carer has been woken up more than twice a night? Has she been assessed for CHC? What happens when the carer doesn’t show up, less likely if LA is organising, but it happened a lot when we were self paying. You need a mental health practitioner you can work with. As her daughter what do you feel is in her best interests? Are you consulted? Such a difficult situation for you; I sympathise. And sorry I haven’t helped re Care Act.
     

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