The following Local Government guidance note Produced in partnership with Jonathan Auburn of 11 King’s Bench Walk and Arianna Kelly of Kings Chambers provides comprehensive and up to date legal information covering:
A local authority has a duty to place an assessed adult, with needs for care and support, in their preferred accommodation if certain criteria are met. If the local authority does this, the adult, depending on an assessment of their income and capital, may be required to make payments towards the cost of their place. A person may be placed in an establishment that is either a licensed or non-licensed care home.
If an elderly or vulnerable person requires a high level of support from a local authority, a residential care home could be appropriate.
A local authority care home in England is a home that provides accommodation together with personal or nursing care (including emotional or psychiatric care) for people who:
are or have been ill
have or have had a mental disorder
are disabled or infirm
are or have been dependent on alcohol or drugs
Accommodation deemed to be a care home must be registered with the Care Quality Commission (CQC) in the name of the manager running it.
Homes must comply with national minimum standards and registration is only granted to those with adequate services, facilities, buildings and qualified staff.
The CQC will conduct comprehensive inspections at certain minimum intervals depending on the status of the care home and its
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