Providers’ Conduct Q&As

My brother has lived in a residential care home for almost forty years. His placement was arranged by his local authority and is mainly funded by it – he pays a weekly contribution towards his care costs as determined by the LA’s financial assessments. I became his deputy for property and affairs a couple of years ago.

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I’ve been informed by his care provider that it has given the LA notice of termination of the contract because the fees paid by the LA do not cover the provider’s costs. It is entitled to do that, yes, under most local authority contracts for residential care; not all, however. One would have to understand […]

My brother has lived in a residential care home for almost forty years. His placement was arranged by his local authority and is mainly funded by it – he pays a weekly contribution towards his care costs as determined by the LA’s financial assessments. I became his deputy for property and affairs a couple of years ago. Read More »

Which of the following residential care budget management tools is likely to be held to be unlawful?

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The following list reflects all the known mechanisms currently operated in local authorities for dealing with the impossible task of discharging the absolute statutory duty to meet eligible needs, from within the finite resources allocated to the residential care budget holder by most local authorities’ Members. After each, we have suggested the reasons for our

Which of the following residential care budget management tools is likely to be held to be unlawful? Read More »

What sort of events should justify TERMINATION of a contract for residential or nursing care as between an authority and a home?

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Bearing in mind the fundamental purpose of the contract being to meet the needs of the residents, termination because of a dispute should be a last resort. But home owners won’t want to contract unless there are ways out for them if it becomes impossible to run their businesses at a reasonable profit, or intolerable

What sort of events should justify TERMINATION of a contract for residential or nursing care as between an authority and a home? Read More »

What is the position in law of the clients of health bodies or local authorities, when they get services from organisations with whom the authority contracts?

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Originally, the law in England and Wales was that if A and B make a contract for the benefit of C, and then A or B does something wrong, C could not sue on the contract for any damages, because C was not a party to the contract. This was called the rule of Privity

What is the position in law of the clients of health bodies or local authorities, when they get services from organisations with whom the authority contracts? Read More »

What are the duties the commissioning authority owes to the contractors when purchasing a service?

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The scope these days for meeting needs through contractual arrangements may seem like a good option for authorities because it means that their in-house provider arm need not be so specialist or so comprehensive. However, contracting with the private or voluntary sector for all social care or all residential care, does have its drawbacks, in

What are the duties the commissioning authority owes to the contractors when purchasing a service? Read More »

What are public authorities allowed to see as part of the tendering process when commissioning services from the private or voluntary sector?

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In Newcastle-upon-Tyne Council, ex parte Dixon the court held that the council was not prevented from incorporating higher contractual standards in its general form of care home contract than those imposed by the Registered Homes Act 1984. Neither the terms of the contract nor the enforcement procedures conflicted with Act. Where a local authority had

What are public authorities allowed to see as part of the tendering process when commissioning services from the private or voluntary sector? Read More »