Dad moving care authority - who funds?

Discussion in 'Legal and financial issues' started by BeverleyY, Nov 14, 2013.

  1. BeverleyY

    BeverleyY Registered User

    Jan 29, 2008
    Ashford, Kent

    I am now definately moving Dad from a residential home in Kent (funded by Kent County Council) to a Residential (Dementia) home in the London Borough of Lewisham.

    Dad now has under £14,250 so is deemed as being eligible to funding - but, Kent County Council pay a much lower rate than London Borough of Lewisham.

    The home is £560/week (the SS discounted rate) and the contribution I will get from Kent County Council is £440/week. The £120/week top up is to be paid by me:mad::eek:

    I can see some advisors say make the funding authority match the rate paid by the authority where the home is located. I have asked, and they said no! Move him near you, but on your head be it financially.

    If he were funded by Lewisham Council like the other residents in the home, my top up would only be about £25 a month!:eek:

    Has anybody successfully got a funding care authority to up their standard contribution to match that of another care authority to facilitate a move in an area?

    I am considering taking legal action against Kent County Council if they continue to refuse, but if this is a fruitless battle, then I just don't see the point in starting the fight.


  2. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
  3. Long Tom

    Long Tom Registered User

    Nov 7, 2013
    Please proceed carefully!

    Was the advice you had following a referral to Kent Social Workers? If not and it was just given over the phone, I’d say do not take that as a definitive position. The rest I am writing assumes you have not made that referral.

    I appreciate that you want what is best for you dad, but you might find that the local authority currently responsible for his care have a problem with you taking this decision upon yourself, and not only for financial reasons. If your dad cannot make this decision himself, and no-one holds a registered Power of Attorney (for health and welfare) for him, then in spite of your love and concern you don't have right to make this decision alone. The Mental Capacity Act 2005 is the piece of legislation they would be likely to quote. This does not mean, of course, that it should not happen. If it is looked at as a decision affecting his whole life, it gives you the chance to make the case that it is in his 'best interests' - so more than just the money! Presumably you'll see more of him and he'll be happier? This should be considered properly by Kent.

    Please contact current local Social Workers and say you wish for him to move, set about arguing your case for this being in your dad's best interests, and (I hope) get the funding resolved at the same time. Do not accept a 'no' until you have had the chance to state the case (with or without paid representation). There have been, in some areas, in the past, policies of matching the 'new' LA contribution in an out-of-area placement. But perhaps knowing this is less helpful than making a good case for how care nearer you is better for him. Please, please do not expect a move to lead in some way to them relenting on the financial grounds later, it may just create a harder-to-fix dispute with more at stake.

    Lastly, Kent would certainly retain the duty to fund him (to whatever level they decide is reasonable), so from what you have said, Ordinary Residence is not relevant in this case.
    Best wishes
    PS. They may ask why you’ve not looked in to a move sooner (when he was self-funding he would have become Lewisham's 'resident'). If you have a reply for this, then good! And they might say sure it's in his best interests, and they say they'll do their bit with 440, but I think this should be challengeable as they know it would be ineffective. Just thoughts.
  4. thats life

    thats life Registered User

    Jan 2, 2013
    I used to manage a CH and I did except people from other areas where their local authority funding was at a lower rate than ours, if a care manager or social worker is involved they might can negotiate with a home in a different area as the original authority would still be responsible for the funding
  5. BeverleyY

    BeverleyY Registered User

    Jan 29, 2008
    Ashford, Kent
    Thanks everyone.

    In summary Dad lived with me for ten years
    until I could no longer cope last year and
    he went into residential care. We all lived in
    Ashford, Kent.

    This year I was relocated to London with my
    job and at that point Dad was part funded. I intended
    to just go see him twice a week (less than usual
    as I used to bring him home most nights
    for dinner). This was not great but I thougt best not
    move him just to make things easy for me.

    My house purchase chain broke and I was myself
    homeless for a month with all furniture in storage.

    Just as we were settling, Dad developed pneumonia and has
    not fully recovered. There has been physical and cognetive

    His residential home took him back but now want
    him moved as they cannot cope with him.

    Whilst he was in hospital He dipped under £14,230
    so would now be fully funded. As he needs to
    move now best it is near me so I can help him
    through that, returning to the level of contact and
    coming home for dinner as he was used to.

    His Social Worker is lovely and we have had a
    meeting and they are in agreement that a move
    nearer me is in his best interests as he is being
    forced to move anyway - not just me requesting it.

    They are happy to move, but say they are the funder
    and their standard rate is so low the top ups are

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