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December 2011
incorporating The Number One magazine for the care sector
no.187 • £4.75 In association with
Council broke law over fees claims judge By Dominic Musgrave A LOCAL authority broke the law when it froze payments covering the cost of care for elderly people in care homes, a High Court judge has ruled. And the landmark decision against Sefton council could affect 140 local authorities which froze or reduced care payments to thousands of care home residents, the head of the local association has claimed. Dan Lingard says the ruling may double the potential shortfall in the budget for care of the elderly in England and Wales to £2b, but it could mean justice for older people who have been forced to raid their savings or assets to cover the cost of good quality and dignified care. He added: “This win gives us no great pleasure – but it does provide a tremendous sense of justice for the most vulnerable of people. “It is an action which should not have had to be taken out in the first place, but clearly has massive implications for care. It may well be the tipping point which reprioritises the way care is funded and provided in this country. “We may well be living and operating in a very tough economic environment, but the judge has effectively ruled that the financial
environment is not a good enough reason for a council to impose a freeze on payments to massively vulnerable people.” His Honour Judge Raynor QC ruled in the High Court that the typical middle-sized authority should not have frozen payment levels to 1,600 elderly people in care in the borough, and that it did not pay due regard to the actual cost of covering care in making its unilateral decision. A council spokesman said the judgment provided clarification around the difficulties of making such important decisions in such a short period of time. He added: “The judgment does not say that we have made the wrong decision. It is merely critical of some elements of the process we went through. The proposal not to increase fees for care homes has not been criticised. “This has been a very complicated legal process. It shows that the speed at which we needed to make cuts last year has meant we did not consult with care home providers early enough about the possible freeze in their fees. We accept that. “Given more time, we could have had further discussions with care providers - we have already learned lessons.”
Activities brochure launched
Actor Geoffrey Palmer has lent his support to a campaign that offers elderly people free overnight stays in a care group’s homes over the festive period. Abbeyfield’s ‘Companionship At Christmas’ campaign follows a successful pilot last year, and more than 100 homes nationwide will open their doors and offer their spare rooms and lunches to people who may be alone or lonely.
TWO leading care associations have joined forces to develop a good practice guide. The National Care Forum, NAPA and The Baring Foundation have published ‘Creative Homes: how the arts can contribute to quality of life in residential care’, which includes case studies as well as resource information on arts organisations committed to working with older people. NCF executive director Des Kelly said: “Creative Homes has been produced to celebrate existing good practice in the use of the arts in residential care. We know that a great deal of activity is already taking place amongst the best providers. “This publication is also intended to demonstrate the value of art to improving the quality of life for people in care settings. “We hope the practical style of the guide will inspire managers and practitioners to develop and extend arts activity for the benefit of residents, their families and staff.”