Dementia Support Line
What can you do if a council changes your homecare package without a new assessment?
Local authorities must meet a person’s assessed eligible needs.
Question:
‘Our local authority has suddenly said it’s reducing Dad’s homecare visits. I’m worried how he’ll cope with less support – what can we do?’
Answer:
If your local authority has been providing homecare visits for your dad, it sounds like it’s assessed his needs previously and decided what support he’s eligible for.
Under the Care Act 2014 in England and similar laws in Wales and Northern Ireland, the local authority or trust must meet a person’s assessed eligible needs.
The local authority has come up with the current package and it can’t change that without reassessing his needs.
If you were in Northern Ireland, this would also apply to the local health and social care trust.
What can you do?
Ask the local authority to explain its decision in writing. The current package reflects your dad’s most recent (or only) needs assessment.
If the local authority says his needs have changed, it needs to reassess before changing his package.
Your dad should have been given a written copy of his last needs assessment and the care plan based on this. You can refer to this when contacting the local authority.
If he doesn’t have it, request a copy now. In the meantime, still tell the local authority that it shouldn’t be changing your dad’s care package without a reassessment.
What if that fails?
Ask the local authority about its complaints process – ultimately, you could take it to the relevant ombudsman.
In a recent case, the ombudsman in England stated, ‘Councils cannot change care packages at short notice and without making the proper assessments.’
You could also ask a solicitor about possible legal action. Unlike the complaints process, consulting a solicitor will cost money. Make sure you get a clear estimate of costs before going ahead, which the solicitor must provide.
Solicitors for the Elderly may help you find a suitable solicitor.
What if there’s a reassessment?
If your dad is reassessed, the local authority should follow specific processes to do this that are set down in law. It should involve your dad and also you as his carer.
If the local authority offers more, less or the same level of support, this should be based on what the reassessment of his needs finds.
NHS continuing healthcare
If your dad hasn’t been assessed for NHS continuing healthcare, then this is worth thinking about.
There’s no guarantee that he’ll get it, but it could fund a care package at home as well as residential care.
It’s funded by the NHS rather than the local authority or trust, and it isn’t means tested.
HEATHER MARTIN
says
Alzheimer's Society
saysHi Heather, thank you for your question.
We'd recommend that you call our support line and speak to one of our trained advisers. They can listen and may be able to provide advice and guidance that's specific to your situation regarding care for your husband while you have surgery.
Please call our support line on 0333 150 3456. (More information on opening times: https://www.alzheimers.org.uk/dementia-connect-support-line)
We hope this helps for now, Heather.
Alzheimer's Society website team
Liz Newman
says
Alzheimer's Society
saysHi Liz, thank you for your question. We hope the below may be of help.
Local Authorities must consider requests for review. Guidance in England states:
“The right to request a review applies not just to the person receiving the care, but to others supporting them or interested in their wellbeing. For example a person with advanced dementia may not be able to request a review, but a relative or a neighbour may want to draw the attention of the local authority to a deterioration in the person’s condition.”
The Local Authority must consider the merits of conducting a review and in most cases the expectation is that they should perform one, unless they consider it ‘frivolous’ or a complaint.
Regardless of cost, the care package in place must meet your mum’s eligible care needs. If she is eligible for local authority funding, they have a duty to ensure her needs are met.
The Local Authority should always have a Social Worker on duty. It may be worth calling at different times of the day, as social care teams are very busy. They also often have an email address on their website so you could also request a call back that way.
If anyone else is involved in the care of your mother, such as a Community Psychiatric Nurse or they have an upcoming GP appointment, explain the situation to them as they may have an internal referral process they could use.
If all the above is still not getting you anywhere, it may be worth calling any number at the Local Authority (they usually have a general call centre contact number) and ask to speak to a manager once you get through.
You may also find it useful to talk with other people who have gone through or are going through similar experiences within our online community, Talking Point: https://forum.alzheimers.org.uk/ - it's free to use, and open day or night.
We hope this helps for now, Liz.
Alzheimer's Society blog team
Julie brown
says
Alzheimer's Society
saysHi Julie, thank you for getting in touch.
We are sorry to hear that you and your mum are in a difficult situation.
We'd recommend calling our support line on 0333 150 3456 to speak with one of our trained dementia advisers so that we can learn more about your situation. They will listen to you and provide specific information, advice and support that's relevant to your circumstances. You can find more details about the support line (including opening hours and other methods of contact) here: https://www.alzheimers.org.uk/dementia-connect-support-line
We hope this helps.
Alzheimer's Society blog team