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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7369
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I need legal advice because my mother had a stroke 5 years

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I need legal advice because my mother had a stroke 5 years ago and the NHS and Social Services put her in this nursing home, Care UK. My mother has been there since she left hospital. She didn't own a house so the government and NHS have to pay for this. She needs 24 hour care because she needs water, food and meds via a tube in her stomach. We have got a meeting next Wednesday with the NHS and Social Services because they want to stop the funding to this home. They say she has improved because they haven't had to call an ambulance out to her in the 5 years that she has been there. Her eating has improved a bit. She can eat small amounts but she still needs to have meds etc via the tube hence thats why she needs the nursing home. She will still need to be in a nursing home but the nearest one that they want to put her in is 15 miles away from her friends and family. She has also made friends in this home and knows all the staff but they are adamant that they want to move her. Surley this can't be right. Not once in 5 years has the NHS or Social Services checked on her. The one time that they are checking on her, 5 years later they came to the conclusion that they want to stop funding her. We don't understand how this can be. Can you help?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no because we haven't had the meeting with them yet
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: UK....
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thats all
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Customer: replied 3 months ago.
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Customer: replied 3 months ago.
Ok to wait for an answer

Good evening

The back ground to this is that care is divided into 2 categories, nursing/healthcare and social care.

The Nursing/Healthcare is free to the person being cared for and paid for by the government, which is the current position

Social care is basically day to day care, the sort that is provided by carers in care homes.

Now it gets complicated because someone may need medical/nursing care but not all the time so a person may, for example, receive 20% nursing care and 80% social care.

What is happening here is that the NHS are saying that because your mother's condition has stabilized she requires less medical care and she can be cared for in a nursing home.I f this happens social services will have to pay the social care element of the cost. Social services will not fund a nursing home, which is more expensive than a care home hence the proposed move.

To fight the proposed switch I would try to enlist the help of your mother,s, GP and any other professionals involved in her care as well as representations from the family.

Both the NHS and social services have formal complaints procedures that you can use if you are not satisfied with the outcome.

If there are any further points kindly reply I will be happy to respond.

Otherwise, please either click accept or rate my answer on the system so I get credit for my time.

Best wishes


Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7369
Experience: I have 20 years of experience as a solicitor in litigation and other areas
Michael Holly and 3 other Law Specialists are ready to help you
Customer: replied 3 months ago.
Dear Micheal thank you so much for your help. I now feel that I can go into the meeting forearmed. I REALLY appreciate you taking the time to help me out. Thank you once again. I’ll keep you posted on the outcome.

You are welcome