Care Home fees council funded

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My mum is in a care home far away from where she lived before, and far away from where I live.

She was taken there from hospital after they repeatedly sent her home before she was better.

It was funded by the nhs for the first 3 months, presumably they just found the cheapest one they could.

I now want her to be either closer to me or closer to where she lives before.

She doesn't own a property and her less they 10k in savings. She has one family member that is me. I am not is a position to fund her.

The council has set a limit of £540 per week for care home fees. their simply is not any care homes near to me or where she lived before at this rate, can they set a limit like this?
No, the regulations say that homes MUST be available at the council rate. If they are not, then the council must pay the rate for homes that are available - I reclaimed £8,000 on behalf of my mum as they didn't apply the rules properly. They cannot demand top ups from you either, and mum's not allowed to use her own money for top ups either.
However, I'd first be asking for copies of mum's initial NHS Continuing Healthcare Assessment which the hospital should have done and sent you a copy (!) and then I'd be asking for a formal reassessment to be done. Funding should only be withdrawn if a patient's health has improved. Has it?!
I know there are rules regarding who pays when someone moves across the LA boundaries, but it's late and I can't remember where they are now. Ring the Carers UK helpline and they will have more information for you, I'm sure.
bowlingbun... it wasn't nhs chc it was just a winter thing called 'winter placement' basically I think that the hospital had so many geriatrics taking up their beds that they created this funding to free up their beds... I still have an outstanding complaint about this which I will deal with when I have sorted the most urgent stuff on the 'To Do' list with regard to mum's care and the various agencies and official bodies that have let her down.

But for now ... this email from the new social worker who we met once and she seemed really nice but now informs me about this fee limit and that she is leaving tomorrow????

Can I just clarify your reply, do you mean that they will have to pay for a home nearer to where she lived before or nearer to me ... Her cuurent care home is crap basically :-(
If mum has limited funds, then the LA MUST do a formal financial assessment first - do you have Power of Atttorney? They should never impose any charges without first doing a financial assessment. I suggest you let this go ahead first. Under the new Care Act people are supposed to have a choice about the care they receive, where, when etc. so I imagine that once the assessment is done and the amount agreed, mum could then use that sum to pay for a home wherever she likes. The Carers UK helpline will be able to give you good advice.
I've just been tidying my study and found my copy of Michael Mandestam's book Community Care, Practice, and the Law, 4th edition. There's a whole chapter on Choice of Residential Accommodation. To save my arthritic fingers typing out large chunks, I suggest you get a copy of this from your library, especially as you already have other concerns about the way mum's existing placement was arranged. At the top of page 265, it gives details of a similar case which was referred to the Ombudsman, as an elderly lady and her relatives were not given any choice. The Ombudsman found that there had been maladministration.
(If you mention this book and the word Ombudsman to mum's LA it will show that you mean business, and may encourage them to make a favourable decision!!!
I've sent you a PM - Private Message. Go to the row of purple tabs above. The tab third from the left should say "1 new message" click here and it opens up the PM page.
By way of information. Cheshire County Council may not have funding for carers needs. When I worked there they certainly had funds for (as the social workers in the Adults with a Learning Disability Team call them) "jollies".

A team day out on West Kirby beach, a trip to Anglesey, to visit an ex social worker, who now has a hotel there, a day on a canal barge etc., etc.