Provider’s circumstances – closures, service reconfigurations and staffing issues

The LGSCO found fault with Leicester City Council’s omissions regarding a requested increase in funding, and not discharging safeguarding functions, for a person deteriorating in a care home, leading to a financial shortfall and increased risk for the Home, pending a CHC entitlement decision by the NHS

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Continuing NHS Healthcare LGO, Intro to Ombudsman reports RE Safeguarding, Harm, Deprivation of Liberty, Issues of importance to social care service providers, Provider's circumstances - closures, service reconfigurations and staffing issues, Providers' Fault LGO, Reviews and Revisions (cuts or changes to content), Safeguarding under the Care Act, Safeguarding, Harm, Deprivation of Liberty LGO /

Date of Decision: 06 Aug 2024 Summary Ms A (a registered manager) complained on behalf of a residential care home about a lack of funding by a council and an ICB for the increased support the care home provided to a resident when he was stuck between Council and CHC status. Ms A has also […]

The LGSCO found fault with Leicester City Council’s omissions regarding a requested increase in funding, and not discharging safeguarding functions, for a person deteriorating in a care home, leading to a financial shortfall and increased risk for the Home, pending a CHC entitlement decision by the NHS Read More »

LGSCO found Priory Mews Healthcare at fault for failing to ensure a contract was in place with a service user once they became a self-funder and recommended repayment of the excess unexpected fee that had been invoiced

Leave a Comment / Charging and financial assessment, Civil Proceedings, Financial Compensation and Restitution, Intro to Ombudsman reports RE charging and financial assessment, Intro to Ombudsman reports RE Providers' 'Fault', Intro to Ombudsman reports RE Restitution, Issues of importance to social care service providers, Provider's circumstances - closures, service reconfigurations and staffing issues, Providers' Fault LGO, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

Decision Date:   11 Jul 2024 Summary: The Ombudsman investigated a complaint about the services provided to an adult once they became a self-funder and found that the care provider was at fault for not notifying of the fees payable or ensuring a contract was in place as required by the Health and Social Care Act

LGSCO found Priory Mews Healthcare at fault for failing to ensure a contract was in place with a service user once they became a self-funder and recommended repayment of the excess unexpected fee that had been invoiced 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 »

Who really has the right to decide on how and when a DP’s use can be changed?

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Commissioner's circumstances - reductions due to financial resources difficulties & variations RE the manner of meeting needs, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Discretionary charging for meeting a person's needs under the Care Act, Due Process requirements for revising any care or support plan based on the Care Act regime, Duties and Discretions, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Person's own circumstances - the implication of increases and reductions or stabilisation of needs, Provider's circumstances - closures, service reconfigurations and staffing issues, Q&As on Care planning, Cuts, and Personal Budgets, Q&As on Direct Payments, Review of the Care Plan - scheduled, requested and urgent review, Reviews and Revisions (cuts or changes to content), Revision process under s27 Care Act - proportionate re-assessment, a new eligibility decision and fresh care planning, The conditions applicable to a Direct Payment under the Care Act compared to those applicable to PHBs, The council's review of a Direct Payment Plan and Use of the Money /

ouncils are in charge of direct payments under the legal framework. Revision of any care plan connotes some sort of re-assessment and fresh care planning process under the authority of the council. Section 33 says that they can impose conditions as they think fit, within some broad parameters regarding reasonableness, and that they can prohibit

Who really has the right to decide on how and when a DP’s use can be changed? Read More »

R (on the application of Val Compton (on behalf of Community Action For Savernake Hospital)) v Wiltshire Primary Care Trust [2009] EWHC 1824 (Admin)

1 Comment / General rules about changing the content or value of a care or a support plan based on the Care Act case law, Judicial Review, Provider's circumstances - closures, service reconfigurations and staffing issues, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Reviews and Revisions (cuts or changes to content) /

This application, to judicially review the reorganisation of health services by the defendant Primary Care Trust [the ‘PCT’], was on the basis of a lack of consultation and apparent bias. The PCT proposed as part of the re-organisation to close a minor injuries unit at the community hospital. This it claimed would allow for more

R (on the application of Val Compton (on behalf of Community Action For Savernake Hospital)) v Wiltshire Primary Care Trust [2009] EWHC 1824 (Admin) Read More »

R (on the application of LH) v Shropshire Council [2014] EWCA Civ 404

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Fairness and due process in the context of care planning, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Judicial Review, Legality, unlawfulness and error of law in the context of care planning, Provider's circumstances - closures, service reconfigurations and staffing issues, Public law principles relevant to care or support plan revisions, Rationality and relevant considerations, in the context of care planning, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Reviews and Revisions (cuts or changes to content) /

LH was 64 years old and had a learning disability.  She had been assessed as having substantial care needs and had been using the services of Hartley’s Day Centre in Shrewsbury.  She attended the centre on a regular basis and had long-standing friendships with other users of the day centre.  Shropshire Council decided to close

R (on the application of LH) v Shropshire Council [2014] EWCA Civ 404 Read More »