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Press the pause button | Care Home contracts

We have recently seen an increase in the number of calls we are receiving from families who are making life-changing decisions for both themselves and their loved ones without seeking proper advice.

A recent example has been a family’s loved one who was moved into a care home which, due to lockdown restrictions, the family have not been able to visit and could only rely on what they read about the home online.  The local authority agreed initially to fund the placement on an emergency basis but after four weeks wanted the family to sign a permanent contract with the care home. The family were feeling pressured and not sure where to turn.  It is ok to press the pause button and seek specialist legal advice.  In this situation, the following needed to be considered:

  • Had a choice of care home been given?
  • Is the cost of the home sustainable or will the money run out?
  • Is this the right care home placement for the individual’s needs?
  • How will the placement be funded?

Under the statutory guidance which underpins the Care Act 2014, there is specific guidance regarding temporary care placements which has implications as to how those placements are funded.  There is all too often pressure put on families to make a hasty decision.  They are often given the impression that “temporary” can only last for a matter of weeks when in fact a placement could be temporary for as much as a year depending on the individual circumstances.  In such case a person’s property should then be disregarded and, depending on the person’s level of savings, the local authority will be expected to help fund the placement.

In the case referred to above, we have liaised with the local authority and it has been accepted that the placement cannot be made permanent until the family have had the opportunity to visit the Home and make an informed decision.

We are here to help

We are seeing people not getting the package of support they are entitled to and paying for that support when they shouldn’t be.

If you have concerns about a loved one, please call Debbie Anderson on 01926 354704 for free initial telephone advice.  Following on from this, remote meetings can also be arranged if required.


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