Disatisfied with care home - what can we do?

Ang1e 2017-03-30 09:10:53 UTC #1

Hello all,

I am new to this service though I did post an introduction a while ago. This is my second post as my time is being taken up by concerns over my brothers care at the moment.

My adult brother with severe learning disability lives in a small, residential care home in London. The home provides accommodation for persons who require nursing or personal care, and learning disabilities.

The care home used to provide a fantastic service and it felt like you had walked into a family home. There was a lot of staff/resident interaction and there was fun and laughter. It was a really nice atmosphere. The last CQC report scored them Outstanding in the Caring category, and good in the other categories. Things have changed though.

Our family are becoming increasingly dissatisfied with the service, particularly over the last year, and we have a number of concerns. The care home, and the organisation that run the service, are not making the effort to listen to our concerns let alone address them. After a CQC inspection we raised our concerns with them and the inspection is currently ongoing.

We feel we should start investigating the possibility that we may have to move my brother to a care home that is better able to support his needs.

My brother was signed over to the authorities in 2003 so we are not sure of what we are able to do. My father has since moved from London to West Sussex, so it would make sense that if we want to move him, and if we are able to, it should be somewhere nearer to his family.

Having inherited some money my brother is presently self-funding, though that money will only cover his care for a couple of years. My father picks him up every Saturday, he stays with dad, and returns to the home on Tuesdays. Dad would be unable to care for him full-time at home though.

Our questions are:
Would we able to move my brother from one local authority to another?
Where can we find relevant information?
When his money runs out would the new authority be prepared to fund his care?

I am sure there are more questions that I should be asking but this is a new area for me and I would very much appreciate any help or guidance as I feel out of my depth with this at the moment.

Thanks for any help or suggestions,

Angie

nigel2113 2017-03-30 21:31:55 UTC #2

Hi Angie,

I suppose you could find more information on the Government website. Personal Independence Payment (PIP) is one of the benefits your brother could possibly claim due to his disability. Here's the link: https://www.gov.uk/pip

Also, you said your brother was signed over to the authorities in 2003, do you mean he got a statement?

Nigel

Ang1e 2017-03-31 08:20:12 UTC #3

Hi Nigel,

Thanks for your reply.

I'll have a look at PIP and see what I can find. Presently he receives EESA and DLA. I think he receives mobility allowance currently too. I haven't seen anything to do with PIP but I'll ask our Father as he has financial deputyship from the Court of Protection.

My mother was my brothers' primary carer but she was seriously ill and made arrangements for my brother to go into the care system. I say he was "signed over" as I am unsure of the terminology or the exact process. Mum felt it was a huge responsibility and didn't want us to carry the burden, not that we feel he is a burden of course. We were told a number of years ago that if we wanted to take responsibility of caring for him at home again we would have to prove negligence by the care home. He was never taken from us.

I have tried an internet search on what is meant by "statement" but I haven't found anything meaningful. Can you tell me a little more please nigel2113?

Thanks and kind regards,

Ang1e

sianwhite 2017-03-31 13:28:04 UTC #4

Hi @Ang1e,

You can read more about 'statementing' here. It can be called different things, and tends to be referred to as an Education, Health and Care Plan nowadays.

I hope this helps!
Sian

Ang1e 2017-03-31 15:42:18 UTC #5

Thanks so much Sian.

I had a read and it seems to be more relevant to children and young people with a learning disability.

Though interesting to read my brother is an adult. The council he presently comes under provides all the language, psychology, etc. therapists and the care home have a Health Care Plan (HCP) for the residents. We have recently had a meeting at the home to review his Person Centred Plan (PCP) too.

I would imagine that some sort of EHC assessment may need to be carried out if we did relocate him to another councils jurisdiction.

Thanks again,

Ang1e

VK3QQ 2017-07-09 13:16:28 UTC #6

Hi Angie,

Look at website lisainc.com.au and see if you have similar problems to those we have in Australia

Chris 2017-07-22 12:41:50 UTC #7

Dear Ang1e,

Firstly, although I may write a little more than I anticipate, I hope the following is of use to you.

Your story is very familiar to me. I have battled my local authority (Herefordshire Council) and the provider (The Priory Group) for the past two years, due to ill-treatment and inadequate care and support provided to my vulnerable autistic brother; who lives out of County.
In our case, although I do not have deputyship, I am an interested party.
He is now going to move, and I am seeking legal action for the inadequate care and support received and the breach of his family's statutory rights for a considerable time.

Below is my understanding of your questions, and response.

I understand your father is your brother's deputy for finance and property only, with the local authority responsible for his health and welfare. Your brother has severe learning difficulties; so the Mental Capacity Act applies to him. Here is a guide to the MCA: https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice
and the Act: http://www.legislation.gov.uk/ukpga/2005/9/contents
As you mention negligence, have a read of section 44 of The Mental Capacity Act 2005.
Suffolk County Council provide an easy read translation of The MCA legislation. The link is a little long, but try searching for "suffolk county council mca section 44."
http://www.legislation.gov.uk/ukpga/2005/9/section/44

Q1. Would we able to move my brother from one local authority to another?
A. I assume your brother has a Deprivation of Liberty Safeguards order in effect; if so I would check that it is current, as this could raise another subject. But your brother has the same rights as anyone else.
If your brother expresses that he is not happy in the current home, or his deputy has concerns for his welfare in the present home, the local authority should not hamper the decision of him moving but support him; if it is in his best interest.
You need to find a new home first, and evidence that moving there would improve his quality of life or be in his best interest, this could help if it were to go to The Court of Protection.
Have you requested that the local authority conducts a best interests meeting?
A good source of information for such meetings that I have found is by Lincolnshire Council and available on The Social Care Institute for Excellence website: http://www.scie.org.uk/files/mca/directory/best-interests-meetings-guidance.pdf
http://www.scie.org.uk/publications/guides/guide39/challenges/

I would urge you to keep accurate records of any concerns or meetings, including photo and audio video recordings, it could prove useful in the future.

Q2. Where can we find relevant information?
A. The local authority has a duty under part one of The Care Act to provide information and advice to those in the authorities area, please refer to:
http://www.legislation.gov.uk/ukpga/2014/23/section/4/enacted
and
https://www.gov.uk/government/publications/care-act-2014-part-1-factsheets/care-act-factsheets#factsheet-9-continuity-of-care-when-moving-between-areas
I have asked the CQC for a list of homes in a particular county in the past, the below link may be of use to you, as you can download the list of CQC regulated homes and search by location or post code, etc.:
http://www.cqc.org.uk/about-us/transparency/using-cqc-data#directory

Q2. When his money runs out would the new authority be prepared to fund his care?
A. As to your brother's funds, you mention he is self-funding at present, but you have concerns about his money running out.
It is not a matter of whether the local authority is prepared to meet your brother's needs, it is the local authorities legal duty to meet his eligible care needs, even in cross border situations.
Once his capital and savings fall below the current upper limit, he will need a financial assessment, and if entitled the local authority will meet some or all of his care costs.
So basically, he could live in West Sussex (the host authority) but would be funded or part funded by the London authority (the placing authority).
You also have a right to challenge local authority assessments and may find your brother is entitled to an independent advocate.
Useful link for you:
https://www.carehome.co.uk/fees/feesadvice.cfm
http://www.ageuk.org.uk/home-and-care/care-homes/social-care-funding-changes/care-cap-and-means-test-changes/
More detailed info: http://www.legislation.gov.uk/ukpga/2014/23/contents/enacted/data.htm
Cross border:
http://www.legislation.gov.uk/ukpga/2014/23/section/49/enacted

I have also put a short list of useful sites on our website, available at: http://www.whileincare.info/useful-links/useful-helpful-links/
You may also find useful a page I created to identify organisational or institutional abuse:

I hope the above is of some use, and that you are successful in helping your brother move to a better home, where he will receive adequate care and support, and be closer to his family.

If you would like to read about our story, support our cause or simply share our website, blog or crowdfunding page, please visit and share it with everyone you know, Thank you.
Chris

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