Tuesday, May 8, 2012

SEFTON COUNCIL IGNORES HIGH COURT RULING – AND FREEZES CARE FEES FOR A THIRD YEAR


SEFTON CARE ASSOCIATION
PRESS RELEASE

May 8, 2012.

SEFTON COUNCIL IGNORES HIGH COURT RULING – AND FREEZES CARE FEES FOR A THIRD YEAR.

Sefton Council has defied a High Court ruling and told care home owners and the borough’s vulnerable that it will be freezing care fees for both 2011/12 and 2012/13.

Now Sefton Care Association says that as many as 50% of care homes in the borough may be forced to close, generating massive worry and uncertainty for the families of the area’s frail and vulnerable.

Senior council officers dropped the bombshell to care home owners despite a judge telling the local authority in November 2011 that it must make a decision on reassessment of care fees paid to the most vulnerable people by February 9, 2012.

In a Judicial Review in the High Court in Manchester, His Honour Judge Raynor QC ruled that Sefton Council should not have frozen 2011/2012 payment levels to elderly people in care in the borough, and that it did not pay due regard to the actual cost of care in making its unilateral decision. He directed Sefton Council to enter into consultation with local care homes, and to reassess care payments for the 2011/2012 financial year – and establish the actual cost of care by which care fee rates could be set.

But Sefton council says it will freeze care fees retrospectively, and for the 2012/13 financial year as well – meaning that care fees have been static despite the Retail Prices Index rising nearly 12% in the three years since care fees were last increased.

Sefton Care Association, which represents a large proportion of care homes in the borough, says the implications are massive – not just locally, but potentially nationally as a care-fee-freeze precedent has been effectively set, with local authorities likely to stump up the cost of more Judicial Reviews rather than find the cash to increase care fees. Legal bills for a Judicial Review are a fraction of the shortfall in care fees.

Council officers have also told care home owners that an independent report into the cost of care in Sefton, commissioned by Sefton Care Association and carried out by highly-respected research organisation Laing & Buisson, was “deficient” and that council officials “questioned the significance and reliability of the report”.

But Peter Moore of Sefton Council also then told care home owners that “the report provides more data than our own spread sheet did”.

However, Mark Gilbert of Sefton Care Association, said: “Laing & Buisson (L&B) is the foremost research organisation in the sector, recognised by all levels of government – up to and including ministerial level – as being a provider of accurate, independent and unbiased research.

“The key issues are not just the cost of care, but also homes gaining a reasonable return on capital investment so enabling essential maintenance and upgrading of property and equipment essential for the wellbeing of elderly residents.

“There’s a big gap between the cost of providing care and the level of funds Sefton Council currently allocates: families and those in care are struggling to afford the shortfall between Sefton’s current funding provision level, and the cost of care – care homes are doing everything in their power to bring costs down.

“L&B provided information for four categories of care home client support. Typically, nursing care for a frail older person – many of whom require 24/7 support – has, according to L&B, an actual weekly cost of £626, or £699 if we include a 13% return to cover the cost of maintenance and improvement of the care home. But Sefton Council’s currently frozen weekly care fee rate is £510. It is down to the individual client or their family to make up the difference; care home owners have reached a point where there is simply nothing else to cut.”

Ends

For further information:
Iain Macauley
07788 978800

No comments: