Have social services said you need to top-up your relative’s care home fees?
Find out why they may be acting unlawfully
The number one enquiry we receive, here at Steene Law, is from people who want to know if a relative is eligible for NHS Continuing Health Care.
However, during the course of a telephone call, the conversation will often reveal another issue entirely. We find out that a parent is either living at home, but is struggling with an inadequate package of care, or social services have placed their loved one in a residential home but are only paying a limited amount towards their care.
If it’s the latter case, the family typically tell us that one of two things has happened.
They have either, very reluctantly, come to accept that their parent is living in a care home that is totally inadequate for their needs or they have felt duty bound to move them to a more suitable home but are now having to make a substantial payment themselves – known as a third-party top-up.
Like our clients, we find ourselves wondering why on earth a person has worked hard and paid tax all their lives only to find that, in their hour of need, their children are being expected to part-fund a parent’s care home fees out of their own taxed income.
When the team at Steene Law are asked to investigate, we often discover that the social worker has initially assessed a parent as needing a certain level of care, but the “Panel” has then stepped in and reduced that level of care provision.
Either that, or the family have been informed that their Local Authority has a maximum amount that it will provide for care at home or a ‘funding limit’ on the amount it will contribute per week towards the cost of someone’s residential care.
Let us be really clear on this point – despite the sob stories that you may hear from local authorities who will tell you that their budgets are under strain, hence the reason they have introduced a cap or a funding limit – this is not lawful.
This is not Steene Law’s opinion on the matter – it is the law and to underline this, the Local Government & Social Care Ombudsman has also made it clear, saying: “Councils cannot put a cap on people’s budgets… the Care Act says eligible needs must be met, regardless of cost”.
So what is the moral of the story?
If you find that your loved one’s care needs are not being properly met and you are being asked to fund all or part of the cost of their care – call the team at Steene Law for a FREE 30-minute conversation on 0203 653 0623.
We are available from 8am to 7pm, Monday to Friday. We will tell you whether your local authority is acting unlawfully and help you challenge their decision.