Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what guidance his Department provides to local authorities on decisions affecting individuals with dementia who are already living in suitable care homes, once their capital falls below the adult social care funding threshold; and how such guidance takes into account medical advice, including a doctor’s note, on the potential distress or risks associated with requiring a move to an alternative placement.

Under the Care Act 2014, local authorities must not charge more than is reasonably practicable and charging policies must be clear and transparent, in line with the Care and Support (Charging and Assessment of Resources) Regulations 2014 and the Care and Support Statutory (CASS) guidance.

Annex A of the CASS guidance makes clear that the choice of accommodation and additional payment rules apply equally to people entering care for the first time and to self‑funders whose resources have fallen below the upper capital limit. Where this happens, the local authority must conduct a financial assessment to determine what the individual can afford to contribute and must set a personal budget as part of the care and support plan. Annex A of the CASS guidance is available at the following link:

https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance#AnnexA

Where an individual’s needs require a particular type of accommodation, the local authority must offer them a genuine choice between suitable providers, including at least one affordable option within their personal budget. The placement must be suitable, available, and offered at the rate identified in the personal budget. Local authorities must also have regard to the wellbeing duty in section 1 of the Care Act when considering accommodation choice.