I’ve been in correspondence with a woman whose parent has been detained under s.3 for nearly 9 months, and has been stable for 4. The parent needs to leave hospital but can’t go home.
A care home has been identified, but the s.117 authorities are saying they will only pay £747 of the full cost of £970. The SW says that the parent can pay a top-up fee from their pension.
The daughter has queried this and has been advised to pay the top up and then challenge it later.
I’ve been offering general advice by email on the basis of the information the daughter has given me, but she really needs someone who can advise and act on a proper footing rather than ad hoc without complete knowledge.
I can’t take it on, but I’m hoping somebody can?
The parent is in the North Wales area.
If anyone becomes involved, this might be useful. A recent Ombudsman decision involving s117 and top up fees:
https://www.lgo.org.uk/decisions/adult-care-services/charging/23-005-398
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You are probably on to this already, but it’s worth noting that s.117A, which authorises LAs to charge top-up payments for care homes, does not apply in Wales. So if the care home placement is agreed as necessary to meet an aftercare need under s.117, rather than a separate social care need under the SSWBA, it has to be fully funded by the LA.
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That’s so helpful, Simon
Thank you!