How Alice Macnair, Community Care Law solicitor, secured an increased care package worth £15,000 per annum in a challenge to the Local Authority, ensuring that the client could remain at home and avoid moving into residential care against her wishes.
Jennifer is aged 58 and has long-standing severe mental health issues, meaning she could not be supported in a care home setting. The Local Authority agreed to fund a live-in care package at home, but limited the amount they would pay to the amount that would be charged by a care home. This made care at home unsustainable unless she could pay the shortfall of almost £16,000 per year. The Council also wrongly asked her parents to pay this shortfall.
The Council capitulated following our correspondence, accepting that Jennifer had a right to remain at home. They conceded that capping the budget had been unlawful. This gave rise to an annual increase of £15,000 in care funding, promoting Jennifer’s wellbeing and human rights and taking the financial and emotional strain from her parents.