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Care home funding: What care home providers need to know

14 Jul 2015 - , 00:00

Are you concerned about the impact of the Care Act 2014? Are you weary of not being paid for the services you provide? 

Do you worry about the cost of being joined to proceedings in the Court of Protection or the risk of not complying with the Deprivation of Liberty Safeguards?

If you operate a care home, or are involved in advising care home providers, we invite you to a half day conference addressing these and other issues. Please download the  conference programme for more information.

At this conference three of our barristers who specialise in public law, contract law and enforcement will explore all you need to know about:

  1. Changes to the funding system introduced by the Care Act 2014 and its implications for Care Home providers;
  2. Creating a legally enforceable contract;
  3. Security for fees and debt recovery;
  4. The Court of Protection and the Deprivation of Liberty Safeguards.

The Care Act 2014 has introduced major changes to the funding system for care home residents; for those eligible for local authority funding and for self-funders.  In 2016 more fundamental changes will come into force with the introduction of the individual cap on care fees and an appeal system for local authority financial eligibility.  These changes to the funding system are likely to have a significant impact on your organisation or the organisations you advise.  At this conference our speakers will provide you with the essential tools you will need. Including an understanding of the local authority’s care and support assessment procedure, how financial assets are treated and the ‘new style’ deferred payment agreement.

Notably the Care Act 2014 has not provided any assistance to care home providers who regularly face the difficulty of ensuring they are able to execute a legally enforceable contract with a self-funding resident in failing health or their family members when they are at their most vulnerable or ensuring the recovery of rapidly accruing debts often from the family members after death of the resident.  These areas remain a legal minefield.  At this conference we will help you identify and therefore avoid the main pitfalls, so you can secure a legally enforceable contract and you can identify the most appropriate method for the recovery of your fees.

Finally, in these days of a growing compensation culture, care home providers and their lawyers need to be able to identify circumstances when they are at risk of becoming involved in a dispute that is likely to be or is being litigated in the Court of Protection and the risk of not complying with the Deprivation of Liberty Safeguards, and how to avoid those risks and the associated costs. At this conference our speakers will explain the jurisdiction of the Court of Protection, what could amount to a deprivation of liberty and the procedures your organisation or those you advise need to follow.

Attendees will also have opportunity to raise issues and concerns specific to their organisations or those they advise in advance, for discussion either as part of the relevant session or during the Question and Answer session