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No contract or statement of cost up front for care package

Posted: Tue Dec 12, 2017 2:26 pm
by Rosemary_1706
Mum was released from the hospital under a discharge to assess program with the local authority. The assessment took place three weeks before the care package started. The care started three months ago. Mum has savings and we didn't fill out the financial assessment form. Mum is being billed on a monthly basis.

Council workers have been to audit and one brought with her a copy of the care plan and brokerage agreement for signature. It was only then that we were told what the cost per week would be and the cost of using the brokerage. The documents have the 459 GBP per week charge stated in them. At no time has Mum signed agreeing to the charge and brokerage fee {249 GBP per annum). She was never told the costs until ten days ago.

My question is, does the NHS/local authority have the right to assess what care is deemed necessary AND to bill mum for it without even telling her in advance what it would cost? Shouldn't there have been some clear contract first, or does this arise simply from being an NHS patient and borough resident.?

I'm told if I/mum don't sign, her care package will be terminated in four weeks. Another benefit of the nanny state?

Re: No contract or statement of cost up front for care package

Posted: Tue Dec 12, 2017 3:00 pm
by Chris From The Gulag
Seems as if the LA are in breach of the NHS guidelines ?

The following link details the procedures to be followed :

https://www.nhs.uk/Conditions/social-ca ... plans.aspx

Care and support plans

Re: No contract or statement of cost up front for care package

Posted: Tue Dec 12, 2017 3:19 pm
by Rosemary_1706
By the way, that's £24,000 a year!

Re: No contract or statement of cost up front for care package

Posted: Tue Dec 12, 2017 10:42 pm
by MrsAverage
Rosemary
What has Mum been billed for so far, and what has she paid?

As she wasn't given a written copy at the outset I think she has a good case not to pay until the date she was given the copy. If you/she disagrees with the terms then yes you may have to find a care provider yourselves. Is the contract with the la or the care provider?

I'm thinking if she has already paid then she has a weaker case to complain about. I still think she has a case to complain, and would suggest getting legal advice from a solicitor experienced in care matters. At the very least I dont think she can be liable for the brokerage fee to date.

Is she being billed by the care company or the LA? Is each service clearly itemized on a separate line


These are my opinions, I'm not a professional in this area

Re: No contract or statement of cost up front for care package

Posted: Tue Dec 12, 2017 11:59 pm
by bowlingbun
There are 3 elements to a contract.
Offer ie we will give you r hours care.
Acceptance. Ie yes please
Consideration, ie something, usually money, passes between you.
Usually this is in writing. They should do a thorough financial assessment, details of income, expenditure etc and then give you a wriiten explanation of how they reached any figure. Until all this has happened you should not be charged anything. I reclaimed £8,000 of fees for my own mum as nothing had been signed!

Re: No contract or statement of cost up front for care package

Posted: Wed Dec 13, 2017 8:29 am
by Rosemary_1706
So, the care company was picked by the LA. (Remember, I have an open safeguarding case about them!) We really don't have a written contract to sign even now - just a tabulated care plan with a sign here space. Mum has not paid anything but we are being invoiced monthly by the LA.

Although we were given a financial assessment form, we didn't complete it. Mum has savings. On the first page, after the name/address stuff, the form has a box to sign to say you agree to pay the full cost. The wording underneath says, if you want to find out what the full cost is, YOU need to contact the relevant department!

The assessment was mid-August and the package began September 5 so there was plenty of time to receive a statement of cost before the package started.

Re: No contract or statement of cost up front for care package

Posted: Wed Dec 13, 2017 9:12 am
by Chris From The Gulag
A further link which amplifies the orginal link supplied to the NHS web site :

https://www.moneyadviceservice.org.uk/e ... re-package

The following deals with disagreements over care packages :

https://www.moneyadviceservice.org.uk/e ... -your-care
How to challenge your local authority over your care

If you disagree with your local authority’s decision not to pay for your care services – or you don’t think you’ve been offered enough support to meet your needs, or a service has been withdrawn – you need to speak out.