I need to take legal action against a care company

[Emma _1607]

Hi all.

I am hoping someone can point me in the right direction..
I have had some basic advice from a law firm saying the care company terminating the care package and leaving the service user without any form of care is neglect and in breach of their duty of care.
Particularly as this happened late on a Friday leaving them unable to even attempt to get help until Monday.
As it is no alternative has been found so far and they are relying on an emergency care organisation.
Do I need a specialist solicitor? The way they have been treated is disgraceful.
The company hung up on me yesterday. So that just said it all.

Has anything like this happened to anyone else?

Thank you!

[Melly1]

Hi Emma,
This does sound incredibly irresponsible, callous and negligent.

How long does the care agency contract state for the notice period?

I can’t give advice re legal action (I’m not a solicitor) but I do think you should contact the local authority as this action by the agency is a safeguarding matter.

What reason did the agency give?

Melly1

[bowlingbun]

It is ultimately the responsibility of Social Services to ensure that anyone with an assessed need has that need met.

[Emma _1607]

Thanks for replying.

I probably should've stated the contract is between the care company and the local authority.

So far social services have been unable to source anyone to take over the package.
We do not know how long it could take to find another company to take it on.

Can they force them out of their own home?

They keep saying in the interim a place in a home can be found and calling it "respite"
They have been told this is against the persons wishes yet still keep pushing and pushing it.
We know that as a package may not be found for months this could mean once in a home they will not allow them back unless home care can be found.

I have now had to ask them to stop on about it as this is not an option.

They have full capacity and own their home.
I will be speaking with the legal advisers again tomorrow as someones now worried them saying they could be forced out!

Thank you

[Emma _1607]

Many excuses from staff shortages to staff injury (this didn't happen) and two friends here who left once they started (who happen to be ex carers) apparently laughed at how they handled the service user. Again this never happened and is an outright lie.
It would still be a huge over reaction though.

I am always present and have 2 cameras pointing at the service user.

We would've preferred them to be honest and say we can't do it anymore than the way they've gone about things.

No one seems to actually care about the one person that should matter the most!

[Melly1]

Emma,

Reading between the lines, it sounds like the LA can't find a company that will do the care for a price they are willing to pay ... however, if there is no care company willing to take on the care for the price they are prepared to pay - then they will have to pay a bit more. I know its not your responsibility, but have you/ your friend rung around local care companies yourselves? I bet there are companies that are willing to take on her package for 'private rates.' My cynical brain suspects the LA hope that once she is in a care home she will stay there and fund it from the sale of her house .... Does she have an advocate?

I suggest you call Carers Uk or Age Concern helplines or both.

I would prioritise getting care in place over your battle re the company abandoning her. Sort that out afterwards.

Melly1

[Emma _1607]

Emma,

Reading between the lines, it sounds like the LA can't find a company that will do the care for a price they are willing to pay ... however, if there is no care company willing to take on the care for the price they are prepared to pay - then they will have to pay a bit more. I know its not your responsibility, but have you/ your friend rung around local care companies yourselves? I bet there are companies that are willing to take on her package for 'private rates.' My cynical brain suspects the LA hope that once she is in a care home she will stay there and fund it from the sale of her house .... Does she have an advocate?

I suggest you call Carers Uk or Age Concern helplines or both.

I would prioritise getting care in place over your battle re the company abandoning her. Sort that out afterwards.

Melly1

Thanks for your reply and sorry for such a slow response. It's all been a bit hectic.

I had thought about doing that and will get on it on Tuesday..
I seem to be the only person fighting for them and what they want. I feel very strongly that their wishes should be met.

I was worried that if they stick them in a home there would be no return. They have actually said they would rather die at home.. so going into a hone is never going to be an option.

It's just all so much stress they could do without.

I will call those too. Thank you for your help.

Its make me dread getting old if this is what I face..

[Melly1]

Me too.

Melly1

[Pet66]

I've try not to think to much about getting older. Am 71, it's definitely harder to do things I used to, like climb on work surfaces,
carry heavy stuff,,move furniture blah blah. Have moments of dread, then think of something better. Have sorted power of attorney,with my daughter's, ensuring they don't go through the pitfalls of court of protection, as we had to with my hubby.

[Melly1]

That's where we differ Pet - S can't take on POA and I don't have anyone else to ask.

Melly1