Hello Pam,
I would say it is always about money with the Social services (and the NHS for that matter), even if they say otherwise (they would wouldn’t they?). What might seem like a relatively small saving in the scheme of things is always treated as a worthwhile saving when it comes to the ‘public purse’ (have they mentioned this yet?). The SW in dealing with you, can’t legally admit it is about money of course (although they might and then deny it). I know this sounds very cynical but we had a very bad time with my son’s care (he has autism) a couple of years ago and this was involving a care package of a few thousand pound a year and the council were very concerned about MONEY!!
Did your mother come straight out of the Psychiatric hospital to the care home or go somewhere else first? From what you say, your health and welfare LPA gives you some power to pick where she goes but will you then have to pay the top up fees? Without being too personal, have you (or your mother ) got the means to do this - it sounds like the care home your mum needs would be very expensive and as you know the LA rate is very low (£500-£600 week). This question the LA/CCG have is do you have the cash in the bank or a house to sell to pay it? We all want the best for our parents but do we also want any inheritance taken away to pay for it? Have you contacted your MP about it? I contacted 3 MP’s (mums, sisters and mine). Sometimes this extra political interest gets things sorted without resource to legal action. You will probably have to explain what S117 is to the MP’s PA but they can then send a letter to the Primary Trust/Council. After that it is a case of complaining officially to the Primary trust, then the local council and social care ombudsman (or threatening to do so). If you decided to go legal it might be that a solicitor will take over everything, creating a conflict of interest with your LPA being under threat if any fault can be found with how you have acted for your mother. This is what I was told, that you could end up in the Court of Protection with you on one side being accused by your mother’s solicitor (whom you employed) of not acting in her best interests (or of not acting financially correctly - do you have receipts for all spending etc). Once they get a hold of it they make all the decisions between themselves. You feel so powerless.