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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6959
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My mother Marian *******, has Huntingdon's Disease, and 2

Customer Question

Hello,
my mother Marian *******, has Huntingdon's Disease, and 2 years ago was placed into a care home in Norwich, run by Swanton Care.
The home is called Gryphon Place, on Wroxham Road.
About ten days ago the care company through Social Services told us that there was a 37% increase on my mum's care bill, which is not seemingly justified, and the reason given was much more to do with business, in that they said that they had underestimated the costs at the home, and now Karen Chapman the Swanton Business Development Manager is trying to turn things round to make the home viable.
My mum has joint funding from Suffolk NHS / Social Services, who won't accept this increase and have just started to give us a list of alternative homes in the area.
My brother and I have joint power of attorney for mum.
It's a catch 22, I can't see how on earth to help my mum, she has extreme and complex health needs, and is very poorly indeed.
The funders say that Mum's needs haven't changed, and so there is no reason for the increase, the home say that their increase is justified.
I think we only have about another couple of weeks until she will be moved, and this would be so terribly damaging for her, change is one of the most difficult things for people with this disease to manage.
I have asked them all to have a meeting, the senior NHS / Social Services and Karen Chapman at the home next week, together with someone from The Huntingdon's Disease Association.
Surely there must be some restriction in any contract between social services - NHS - and businesses like Swanton?
I really would welcome your opinion thoughts , suggestions, and urgent help.
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Expert:  Michael Holly replied 1 year ago.

I apologise for the delay in any expert responding to you.

This is an unusual area of law.

The way that the care home regime works is that the care homes will enter in to a contract with local authority for a particular resident. They will agree a price which is not usually the rate sought by the care home but based on the resources available to the local authority to fund it.

Where a resident has some element of medical need the NHS will pay for part of the care home fees depending on the level of need.

What has happened here is that the care home have realised that they cannot continue based on the rates agreed with the local authority. Presumably they were agreed by the previous owners. They have put the prices up but the local authority do not the resources to increase what they are paying.

It is clear that there are affordable alternatives, hence the plan to move your Mum, so it is not clear why this care home cannot be viable on the same income. However, care homes are struggling to survive and they are closing at an alarming rate.

As such the bot***** *****ne is that you and your Mum are caught between the squeezing of the fees paid to care homes by local authorities who are having their budgets cut massively each year by central government. I appreciate this does nothing to help but does explain why this is happening and that you are not alone in this situation.

There is, however, nothing that can realistically be done, the care home cannot be forced to continue to run at the rates agreed as it can simply close down.

Best regards

Michael

Customer: replied 1 year ago.
Thanks for your feedback..much appreciated
Expert:  Michael Holly replied 1 year ago.

My pleasure

Best regards

Michael