Self funding nursing care running out. Advice please

Hello All. I’m new here and could do with some advice.

My 85 year old Mother went into hospital after a fall just over two years ago. Upon discharge, she was sent to a local private nursing home in an attempt to rehabilitate her to return home. Unfortunately, this failed, but she liked the home so much that she agreed to stay there on a self-funding basis. She has been there for just under two years and has burned through her life savings to the tune of about 70K. Recently, her remaining cash dropped below the social services level so I requested an assessment.

I am told as a result of this that her home is too expensive and family would be required to top up £300 a week-we are unable to do this.
Can they REALLY kick her out of a place that has become her home and is happy into another home that is further away and much cheaper? It seems really cruel. Although my Mum is able to make decisions, I have her power of Attorney and she relies on my help with decision making. It seems that the social worker spoke to her on the phone and somehow got her to agree that she would move. (TBH she likes to please, so almost certainly didn’t mean that.)

I am really upset about this and want to do everything possible to keep her where she is.
Do I have any options I can try? I have already requested details to appeal.

Many thanks.

Hello John … I don’t think they can because it has been her home and she is happy there. They cannot make her family top up her fees. You are her POA so now is the time to remind the home of this and also social services.

Take a look at Care To Be Different site.

From the above link …

My relative is in a care home and has become eligible for NHS continuing healthcare. The CCG says the fees charged by this care home are more than they would usually pay, and has proposed a move to a different care home.

I think a move will have a negative effect on my relative. What can we do?

If there’s evidence that a move is likely to have a detrimental effect on your relative’s health or wellbeing, discuss this with the CCG. It will take your concerns into account when considering the most appropriate arrangements.

If the CCG decides to arrange an alternative placement, they should provide a reasonable choice of homes.

It seems that the social worker spoke to her on the phone and somehow got her to agree that she would move.

This was inappropriate as there is next of kin available. Even if there was no family an advocate would normally be but in place.

You could also speak to …

NO! It’s unlawful to ask relatives to top up.
Read up The NHS Continuing Healthcare Framework, which talks about Human Rights, where someone should live, etc.
Before SSD start asking for money, they are required to do a Continuing Healthcare Checklist Assessment, which would involve you. Has this been completed???

Thanks for the replies guys. To clarify, although Mum receives the NHS nursing allowance, she has no major long term conditions that would enable her to be fully NHS funded.

The Social Worker asked me questions over the phone about her health, level of awareness and finances. I was not invited to participate in the call to my Mum and only heard about it afterwards when t was used to say that she had agreed to move. I find it highly unlikely that she would have readily agreed as she is very happy where she is.

Not acceptable, as the SW didn’t involve you as mum’s advocate and attorney. Read what it says in the CHC Framework. I understand that mum doesn’t qualify for CHC, but it’s the guidance about moving people, making sure that they are close to family etc. as one of their HUMAN RIGHTS that you need to read. This doesn’t just apply to CHC claimants but everyone.
Also make a formal complaint to the Complaints Officer at the LA headquarters, google the authority and search for Adult Social Care Complaints. Do it asap and ask that not further action is taken until their investigation is complete. Also contact Help the Aged, or look at their website. There should be a relevant Fact sheet, I’m sure.


Thanks for all the advice. I made it very clear to the SW that I would be consulting legally and objected absolutely to my Mum being moved. Happy to report that SW contacted me today to say that funding has been agreed to keep her in her current home.
Very relieved!

Well done John!! Am so very pleased for you both. Try and relax and be kind to yourself. Very much deserved.