Case Study: Preventing a Local Authority from Taking Costs of Care Into Account

Summary

How Paula Jones, Associate Solicitor based in our Brighton solicitors’ office, helped her client’s family prevent Social Services from taking the cost of a care home into consideration when making a Best Interest Decision about where their elderly relative should live.

The situation

Stanley, who was 79 years old, had been diagnosed with Parkinson’s Disease. He had been cared for at home by his wife for several years before she became terminally ill and could no longer care for him.

Stanley had set up made Lasting Powers of Attorney appointing his daughter Ella as his Attorney for his Finances and for his Health and Welfare. Ella carefully chose a care home within a short distance of the village in South East England that Stanley had lived in for most of his life, so that his wife and family could visit on a daily basis.

When he moved into the care home, Stanley had assessable assets above £23,250, which meant he was above the social care threshold for self-funding care fees. When his savings fell below the £23,250 limit, Ella asked Social Services for financial support to pay the care home fees. Social Services told Ella that Stanley would have to move to a cheaper care home because the home that Stanley lived in cost more than the “Local Authority usual rate” for care homes.

Social Services told Ella that the alternative to a move was for the family to pay an expensive top-up, which they could not afford to do. Social Services argued that under the Mental Capacity Act 2005, it was in Stanley’s best interests to be moved to the cheaper care home.

What Martin Searle Solicitors did

Paula represented Ella, as Stanley’s Attorney, at the Best Interest Meeting. Paula successfully argued that it was unlawful for Social Services to use the cost of a placement to make a best interest decision. She prepared a best interest balance sheet to show how and why it was in Stanley’s best interests to remain at the care home.

Paula successfully demonstrated that Social Services’ decision-making was flawed and was in breach of the Mental Capacity Act.

The result

Paula was able to demonstrate that it was in Stanley’s best interests to remain in the care home near his wife, so they could continue to see each other daily.

Social Services agreed to increase Stanley’s personal budget to cover the cost of his existing care home placement. This meant that Stanley’s wife and daughter did not have to pay a top-up and Stanley continued to use his pension and benefit income to pay towards the care home fees. Stanley also received a refund of £13,000 for care fees he had paid before Social Services accepted it was in his best interests to remain in his original care home.

For expert advice on Planning and Paying for Care, contact our Community Care Law solicitors on 01273 609911, or email info@ms-solicitors.co.uk.