Q&As

If a care placement on favourable financial terms is arranged by social services for a client whose assets were tied up in property, once it is sold releasing funds, can social services terminate the placement and effectively force the individual into paying a higher rate for the same care?

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Published on LexisPSL on 24/07/2017

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • If a care placement on favourable financial terms is arranged by social services for a client whose assets were tied up in property, once it is sold releasing funds, can social services terminate the placement and effectively force the individual into paying a higher rate for the same care?
  • What are a local authorities obligations in arranging placement?
  • Choice of accommodation

If a care placement on favourable financial terms is arranged by social services for a client whose assets were tied up in property, once it is sold releasing funds, can social services terminate the placement and effectively force the individual into paying a higher rate for the same care?

What are a local authorities obligations in arranging placement?

A local authority has an obligation to assess the needs of an eligible person under Care Act 2014 (CA 2014) and provide a placement to meet those needs. There are not always obligations for the local authority to fund that placement. An assessment should be carried out to assess whether the person is able to meet the cost of their own placement needs which takes into account the amount of capital the person has available—see Practice Notes: Assessment for residential accommodation, Eligibility for residential accommodation and Care homes—placement options and fees.

A local authority must regularly reassess a person’s ability to meet the cost of any charges to take

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