If you are unhappy with your care home then moving care homes after neglect is the safest option.
You have the right to choose where you live. Even if your local council is arranging and paying for all or some of your care home, you should not simply be told where to move to.
If you have a problem it is better to address it as soon as possible. Start with an informal chat with the care home staff and Manager. You may be worried that it will affect their attitude to you. This should not happen if the care home is well run because they will want to ensure you are happy and comfortable in your new home. If you are not satisfied or the neglect is substantial then moving care homes after neglect is the best option.
The Care Quality Commission publish their reports on care homes. Always read their report about your care home.
Complaints
Most issues can be resolved through informal discussion with the manager of your care home. If this does not work then speak to the Care Quality Commission for details of how to make a formal complaint.
Each local authority is required to operate a complaints procedure that complies with directions issued by the Government. For information click here
From April 2016 a new appeals system will be in place under the Care Act 2014.
You can also raise a concern with the regulatory body. If your local council doesn’t deal with the problem appropriately, you have the right to complain to the Local Government Ombudsman (in Scotland, the Scottish Public Services Ombudsman, and in Wales, the Public Services Ombudsman).
Whether or not your complaint is investigated or upheld you may wish to consider moving care homes after neglect.
Moving
Moving care homes after neglect means you have a right to move to the home of your choice as long as:
- it has a place available
- it is suitable for your assessed needs and required level of care
- The care provider is willing to enter into a contract with the Council
However, if you are being placed via fully funded NHS healthcare, you will have fewer rights to choose a care home. However, your views must be taken into account.
The Government guidance on the choice of care homes represents one of the few examples of genuine choice in residential social care provision.
An issue can arise with the Councils responsibility to provide a range of accommodation to meet identified needs at their ‘usual cost’.
If you wish to live in a care home that costs more than the Council usually pays, then the local authority can arrange this, provided that someone else pays the difference between the usual cost and the level of the home’s fees (a top up or third party payment). This does not occur if you have moved into a more expensive home out of necessity, rather than personal preference.
Thus if you are moving care homes after neglect abuse you should not be asked to pay more in an alternative care home. If you move into a care home in another local authority your existing care package must be maintained until it is reassessed in the new authority. They must have regard to your existing package and give you written reasons for any changes they deem necessary.
Most importantly you CAN do something about it. If you have any questions than call us for a free confidential chat on 0845 676 9228 or Dr Victoria Handley at vhandley@handleylaw.co.uk