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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

Rights of a severely disabled young person served notice at their residential home

Becky Jenner
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Family Support, Rett UK, Luton

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Hello,

A young adult with complex needs given notice at care home where she has lived for 4 years because they say they can no longer meet her needs. Her needs have not changed but the management at the home has and there have been lots of safeguarding concerns that the young adult’s parents have raised. CQC and CHC involved but parents have been told all care stops for their daughter in four weeks.

Short of making sure they are following their own procedures, and asking them if they have done a formal re assessment of her needs that have led them to this conclusion, is there anything else anyone thinks they could be challenged on regarding the young adults rights to have a safe, secure home etc. to have some interim measures whilst something else is put in place?

Her parents have deputyship for health and welfare so are challenging this on her behalf.
thanks

Jane O-P
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Hi,

Not my area of expertise - my suggestion would be to try and find a solicitor with a com care legal aid contract to take it on https://find-legal-advice.justice.gov.uk/

Also Luke Clements is well respected has this info on care home evictions http://www.lukeclements.co.uk/resources/challenging-care-home-evictions-restrictions-on-visiting/ 

Jane

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Is the placement in the care home paid for and arranged through the local authority or are they self-funding the place?

The local authority can be approached to ask for a needs assessment in either case, which could be useful in looking to identify an alternative care home.

If the place is self-funded and the care home have terms in the contract that enable them to require someone to leave the home, then there might not be much more you can practically do - however,  the Competition and Market’s Authority has recently published guidance on care home contracts which it might be useful to check? Alternatively, Citizens Advice do provide consumer advice which should cover this kind of scenario.

If the local authority are involved in funding the care home, then they have a duty to work with the family to identify a suitable alternative care home. Local authorities also have information and advice duties under the Care Act 2014 to anyone needing care and support in their area, so it’s definitely worthwhile speaking to them asap.

You might find these factsheets useful - Finding, choosing and funding a care home and How to get care and support

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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The family should be speaking to Social Services.

ClairemHodgson
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Solicitor, SC Law, Harrow

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Dan Manville - 26 November 2018 03:41 PM

The family should be speaking to Social Services.

defo

interestingly, I’ve just had exactly this re very ancient relative - the home were nice about it and involved social services themselves, and frankly, we could entirely understand WHY they thought they could no longer meet the needs - so moved today and nursing will be funded by the CCG.  mother will be confused and disoriented but there’s nothing we can do about that if we want her to have the full care she needs

TBH, if the home are clear they can’t meet needs, and the parents are sure they can’t meet needs, and CQC are not happy with the home - then social services should be all over the case like a rash.

Mike Hughes
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“... ancient”!!!

“Older” or “mature” or “senior” perhaps 😊

ClairemHodgson
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Mike Hughes - 27 November 2018 09:02 AM

“... ancient”!!!

“Older” or “mature” or “senior” perhaps :)

ancient.  my mother, 101

Mike Hughes
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I was once told off by a 104 year old for daring to enquire as to possible title to AA.

“Young man I am 104 NOT ill”.

Imagine what would have happened if I’d used the A word.

ClairemHodgson
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Mike Hughes - 27 November 2018 11:25 PM

I was once told off by a 104 year old for daring to enquire as to possible title to AA.

“Young man I am 104 NOT ill”.

Imagine what would have happened if I’d used the A word.

ROFL.

not a lot wrong with him then!  but surely the offence was in asking whether he needed AA, rather than in pointing out his age?  :-)

i’ve an aunt 105 as well (but she’s not a blood relative)

Becky Jenner
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Many thanks everyone that is helpful - the placement is funded by CHC so they are involved and social services. It it tricky because the parents don’t want their daughter to stay at the home because of the safeguarding concerns (CQC also involved with that) but are both of an age when having her back home to care for her is not an option either - she needs 24/7 care -completely dependent on someone else for everything.

At the moment she is back in her parents home and some of the staff from the residential home are providing support but is fairly ad hoc as they are doing this under their own volition and not as part of their work at the home.

The young ladys needs have not changed - they are just using this as an excuse because the parents are raising safeguarding concerns.

Have taken the useful stuff from the links thanks and shared that. Had already said to them the home needs to have formally done a needs assessment etc.

thanks all

Paul_Treloar_AgeUK
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As it’s CHC funding involved, you might want to have a read of section 6 of our factsheet NHS continuing healthcare and NHS-funded nursing care

In particular, note on p.19 that we state:

Your current care home cannot meet your assessed needs: You need to discuss your options with the CCG

with the CCG being the local Clinical Commissioning Group who are providing the CHC funding.