What does the concept of a Right to Choose Accommodation mean?

Choice of Accommodation under the Care Act

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Choice is an overall aspiration in the Act, but a formal right to choose a preferred provider for certain sorts of service, has been included in the legislation. This choice right arises only in defined situations in which a person with a personal budget sorted out is entitled to say to the council funding the […]

Choice of Accommodation under the Care Act Read More »

When a local authority is made aware of the forthcoming closure (and planned subsequent demolition) of a registered care home, because of a commercial decision made by the provider rather than its business failure, which has a resident whose accommodation in that care home is part-funded by that local authority, does this event automatically trigger a requirement for that local authority to carry out a new needs assessment as per Section 9 et seq of the Care Act 2014 since that resident will have no choice but to change accommodation? If so, what are the relevant Care Act and case law references please.

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Choice of Accommodation and Top-Ups Q&As, Choice of Accommodation post Care Act, Due Process requirements for revising any care or support plan based on the Care Act regime, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Provider's circumstances - closures, service reconfigurations and staffing issues, Q&As on Care planning, Cuts, and Personal Budgets, Q&As on Choice of Accommodation and Top Ups, Reviews and Revisions (cuts or changes to content), Reviews, Revisions and Re-assessments under the Care Act, Revision process under s27 Care Act - proportionate re-assessment, a new eligibility decision and fresh care planning, What does the concept of a Right to Choose Accommodation mean? /

Where a resident is about to experience such a set of events, and the need to move residential accommodation, then it would be necessary for the LA to undertake a re-assessment so to be able to consider their needs at a point relatively close to the closure. A proportionate [re-]assessment is made under s27 of

When a local authority is made aware of the forthcoming closure (and planned subsequent demolition) of a registered care home, because of a commercial decision made by the provider rather than its business failure, which has a resident whose accommodation in that care home is part-funded by that local authority, does this event automatically trigger a requirement for that local authority to carry out a new needs assessment as per Section 9 et seq of the Care Act 2014 since that resident will have no choice but to change accommodation? If so, what are the relevant Care Act and case law references please. Read More »

Is a council under any obligation to place someone (young or old) with a specific physical disability in a specialist care home that caters to it, or can they just offer the bog standard one?

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Councils need to meet needs in a way / setting / manner that is defensibly appropriate and adequate, taking account of the particular individual’s needs, and the duty to promote wellbeing as set out in s1 of the Care Act. This means that they are not allowed to just give a person or their family

Is a council under any obligation to place someone (young or old) with a specific physical disability in a specialist care home that caters to it, or can they just offer the bog standard one? Read More »

Can a local authority rule out a particular care home, for respite or long term care, on the basis that it does not have a commissioning relationship with it?

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Choice of Accommodation post Care Act, Duties and Discretions, Q&As on Care planning, Cuts, and Personal Budgets, The conditions on which choice of accommodation depends, The difference between a top up for one's preferred accommodation and additional payments for other kinds of care, The irrelevance of a council's financial resources for whether a need is met; relevant only for HOW, The range of services, items, facilities and responses able to be provided under the Care Act, The types of accommodation arrangements to which Choice Rights apply, What does the concept of a Right to Choose Accommodation mean? /

No. Existing commissioning relationships are not determinative for choice of accommodation rights, subject to the ordinary rules of top ups.Commissioning policy, and a care home’s being in a contractual relationship with a local authority, is specifically not relevant to the choice of accommodation and top ups and as such, cannot be relevant for respite arrangements

Can a local authority rule out a particular care home, for respite or long term care, on the basis that it does not have a commissioning relationship with it? Read More »

Could ‘a preference’ to be in a more expensive setting be argued for on the basis of the quality of care, being a need, and not perhaps likely to be assured through a cheaper facility? Or is a reference to quality always going to be seen as just a want or a preference?

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We think it is hard, conceptually, to articulate why being cared for in a more expensive setting than one that charges the commissioner the average or going rate for that type and level of care is a NEED, rather than a want. We do not think that the ‘lifestyle choice’ footing for preferring a poser

Could ‘a preference’ to be in a more expensive setting be argued for on the basis of the quality of care, being a need, and not perhaps likely to be assured through a cheaper facility? Or is a reference to quality always going to be seen as just a want or a preference? Read More »