Securing and enforcing community care liabilities
Produced in partnership with Warren Shackleton of Network Homes Ltd
Securing and enforcing community care liabilities

The following Local Government guidance note Produced in partnership with Warren Shackleton of Network Homes Ltd provides comprehensive and up to date legal information covering:

  • Securing and enforcing community care liabilities
  • Types of Liabilities
  • Relevant law
  • Practical matters in the recovery of fees
  • Straightforward cases
  • Complicated cases
  • Capacity

Types of Liabilities

The primary community care liabilities a local authority (LA) is likely to have to recover, are:

  1. residential care

  2. domiciliary care

Residential care

Residential care is when a person in need of care cannot receive it at their home for whatever reason and needs go into a care home. This type of care can be for a short period, known as respite care, for a medium term, known as a temporary stay or where the stay is longer than 12 months, a permanent stay.

Where a person avails themselves of care and support provided by the LA, the LA while having a duty to provide the care is also entitled to charge for it. A stay in residential care almost always incurs a monthly charge and if unpaid, any sum due may be recovered like any other debt.

Arrears normally accrue for one of two main reasons:

  1. most commonly, the service user does not pay their monthly income or capital-based contribution in full or at all

  2. arrears can also accrue where a service user has a property rendering their capital over the higher capital threshold of £23,250 and they either do not qualify for a deferred payment agreement or refuse to sign one. Arrears can accrue very quickly in this case

Domiciliary care

Domiciliary care is where a person in need

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