Decision Date: 16 May 2024 Summary: Haringey Council’s ASC panel took several months to consider a man’s application for care commissioning, which meant he continued paying the full private cost of his own care for longer than he needed to. The council was persuaded to make separate remedy payments to Mr B’s estate and to […]
First of all, they CAN do this – cost effectiveness is a lawful consideration to inform the council’s decision as to what to offer. But they have to go through hoops in the Care Act, like finding somewhere that’s actually suitable, with a vacancy that DOES cost less for a proper package of care, with
There is no clear answer to this question. Firstly it depends on the care plan – because if it’s in there, it must be funded. Secondly, self employed PAs would decide what to invoice for and it would be part of their fee, and their own expenses deduction from their income. Employed PAs are either
An agreement by a local authority with a person occupying preferred residential accommodation, whereby that person would pay the difference between the full cost and the amount the authority would usually expect to pay, for the purposes National Assistance Act 1948 (Choice of Accommodation) Directions 1992 paras 3 and 4, was unlawful. It would only
East Sussex County Council, ex p Ward [2000] 3 CCLR 132 (QBD) Read More »
A group of care homes and some service users had challenged the lawfulness of refusal by Birmingham to place clients in homes of their choice where the fees requested were said to be based on the true cost of care to the provider. However, the majority of providers locally had accepted the increase which had
This was a successful appeal against the decision to grant summary judgment to the Claimant in a claim against the Estate of Mr Shafi for outstanding care home fees. Mr Shafi, who was 81 and suffering from dementia, was admitted to a hospital under Section 2 of the Mental Health Act 1983 after his behaviour
Aster Healthcare Ltd v Shafi (Estate of) [2014] EWHC 77 (QB) Read More »