My brothers going in a home and "above" £23,250

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71 posts
Yes, if you go in, just take a copy of the document, and then tell us what it says - do not sign it there, whatever they say and do.

Cling on to the fact that YOU have no legal responsibility for your brother. You are FREE to walk way from him totally, and they know that....it's your 'ultimate bargaining weapon'.

Raise the issue of the time taken to make the lock work as an urgent safeguarding issue. Tell them that if he suffers because they couldn't get in fast enough, you will sue the damn pants off them!

Tell this to his GP as well, in writing.

Film yourself trying to make the lock unlock, and film the nurse trying to make it unlock, so it is recorded.

(If he's alone in his room, how would they know he is starting a seizure?)
The lock issue is very serious. Contact the Care Quality Commission. You will find their details on the internet, they have a call centre and then pass on details to the local inspector, who will ring you. They dealt with a complaint my mum made, extremely well, and no one knew it was mum who had contacted them.
jenny lucas wrote:
Cling on to the fact that YOU have no legal responsibility for your brother. You are FREE to walk way from him totally, and they know that....it's your 'ultimate bargaining weapon'.
Hi Jenny, I'm busy At the moment. and Will write more later. So what your saying is that i have NO RESPONSIBILITY at all for my brother etc, and i only have his money in my account for convenient purposes. ? S rest f my family, in effect, are as " responsible " as i am as it were?

Tony.
The rules about top ups say the local authority CANNOT ask for the client to top up the payments UNLESS it is to pay for a better room, or extra services. So in your role as appointee, you absolutely should not be paying a top up using your brother's money.
This is all laid down in government regulations. They used to be referred to as CRAG - the Charging for Residential Accommodation Guide. It's recently changed it's name, and I just can't remember the new name right now. The LA must follow the rules laid down by government on this subject. They can be more generous, but not less generous. As previously suggested, the CUK helpline will know "chapter and verse" of the guidelines.
bowlingbun wrote:The rules about top ups say the local authority CANNOT ask for the client to top up the payments UNLESS it is to pay for a better room, or extra services. So in your role as appointee, you absolutely should not be paying a top up using your brother's money.
Well, he's in a "better" room that what was suggested so that's probably the reason. Ill see them tomorrow anyway and look at what they need to know re: this document.


Tony.
hello. These are my document copies (the first one is signed) that came yesterday (they sent me two by mistake) so the top form is now signed and gone. (To wherever) hd basically told me to sign it last week on my financial assessment. My Sister was there at the assessment and agreed with it, so I signed it. Maybe i will talk to the home about it more tomorrow.

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Tony.
They need to complete the amounts before you can sign it
Tony
Any top up contract will be wit the Home, not with Social Services.
It is a legal contract and they will be expecting you to sign to agree to any increases, you won't have the choice to keep it to £40.
Don't sign it .
If they say the more expensive room is the only one available it is still SS who has to cover the difference as THEY CHOSE TO PUT HIM THERE.
Ask if there is a cheaper room available,, the answer will probably be no. If by chance there is, then your brother can move to that room, again SS pays.

Of course you know how much money is your brother's in your account, but the SS rules say he must not spend his savings under £23500 on his care. It is his to keep (or for you to keep for him). You and your family can spend his money (or your own money) on him, but not for his care costs. For example you can buy his clothes, DVD , music, books, toothpaste, birthday and Christmas gifts, extra food etc

I know you and your family love him and want to care for him, but in his circumstances he is entitled to full care costs paid by the SS. Don't waste his money, or yours, on something he is legally entitled to get from the state.

Try not to stress too much and don't sign anything!!!

Kr
MrsA
DEFINITELY DON'T SIGN.

Some LA's have a set price they will pay, however, that is irrelevant in your case as you didn't put him in this home, they did. Honestly, you really do need to be tough with this - remember I got £8,000 refunded for mum!
Who should the contract should be with? Definitely the LA. Even if you had agreed to pay a top up, always the contract should be with the LA, not the home, whatever either of them say. Otherwise you end up in a Piggy In the Middle situation, to be avoided at all costs.
Again, ring the helpline or email them asap. In the meantime, tell the home you are "taking legal advice".
Hi Tony
Things were a bit hectic here earlier, but I've now had time to carefully re-read all the posts in this subject.
I seriously think you need to talk with a specialist community care solicitor, Google "Community care lawyer Derbyshire" and ignore the first few that come up as they are ads for nationwide companies.
It should not cost any money as your brother should be entitled to legal aid.
This should happen BEFORE you talk to the Home or to SS, so that you can be properly informed . If that means delaying meeting the Home for a few days, that's ok.

You need to say to the solictor
1. You are very concerned he has been put in a Home, against your wishes (and who checked his wishes? Does he have the mental capacity to know what he was agreeing to?) Mention the phrase Deprivation of Liberty
2. You are very concerned about the suitability of the Home for his needs
3. The top ups seem to be being demanded when they shouldnt

They should be able to give you initial advice over the phone.

Most other things on your list to do, such as the bed and dietian etc can wait.
it is most important you get legal advice and support.
Xx
MrsA
71 posts