Getting partner out of care home

we decided to move to a more suitable house because of my partners sever disability he had carers come to the house but as a care package could not be put in place we agreed to up to 6 weeks respite in a care home at which point social services in the new county became responsible for his care they went and did a mental capacity test and deemed him to have capacity but they also guilted him into agreeing to another 2 weeks. we are now approaching 9 weeks and the care home are refusing to let him come home until social services give the ok. i can care for him and have done in the past when the carers decided not to show up. is there any legal backlash if i just wheel him out or can the care home do anything to stop me taking him home.

If the care home are refusing to let him home, ring CQC. That’s imprisonment!

Hi Alison,
It’s my understanding that unless he has a DOLS in place or is sectioned under the mental health act, he is free to leave.


What are they going to do if you just pack his bits and remove him? Call the Police? I don’t think so!

The home are probably just interested in their loss of income.
Definitely contact CQC - that’s the Care Quality Commission.
They regulate care services, all homes have to be registered with them, they need to know what is going on.
How do the home treat people with no interested relatives if they are doing this??

It seems to me that if Social Services are paying for the care, then the care home abides by what Social Services have requested.

It may not be as easy as just wheeling him out of the home. Care homes usually have locked doors, to prevent residents from “wandering”. You would need them to let you out but they could refuse to let your partner out - and THEY could call the police if you got awkward and disruptive

This is definitely one for CQC. Even a solicitor, if they are not helpful. I don’t recommend you take forceful action on your own part; it could rebound on you.