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."
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
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:
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.:
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:
More detailed info: http://www.legislation.gov.uk/ukpga/2014/23/contents/enacted/data.htm
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.
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