With The Uncertainty Caused By Brexit It Is Even More Important To Ensure That Each Home Is Achieving Its Full Potential MaNY Care Home owners are finding it difficult to achieve the full potential of their building assets partly due to the current emphasis on promoting care within the users own home. specialist care, however would normally be provided by a Care Home licensed to provide the necessary specialised care, either in the entire building or within a specifically identified wing or section of a general care home. It might be possible to increase the number of occupants by offering care in another category. Residents with a requirement for care that cannot be provided in their own homes will tend to be looked after in a specialized unit, such as a dementia wing in a local Nursing Home. In many instances there may be potential to increase the number of occupied beds in a Home by carrying out a reorganization of rooms or an extension or new wing in the grounds to create a new unit to provide care in a use sector new to the home. A Home running full, or near full, or a larger home is in a much better financial position than a smaller home or one with low occupancy levels. It is worth Home Owners examining the type, category, number and
quality of their bedrooms and facilities to see if it is possible to provide rooms of a different category, a greater number of bedrooms, or improved rooms more attractive to privately funded users. It may be possible to fill a space in the grounds with a new ‘wing’ to house residents requiring a type of specialist care, for which there is a high local demand. Forrester Associates is an award winning architectural practice specializing in the care home sector, with over 30 years experience. They are offering a free initial appraisal to see if a home has the potential to boost occupancy and increase profitability by carrying out alterations, extensions or new construction. They are able to advise on the most cost effective ways of changing or enlarging homes to make them more profitable. They offer an optional nationwide full architectural package from initial designs, through planning permission, building approvals, tendering and construction supervision up to CQC approval. Fees are competitive and they are able to point the way towards a finance provider. Call or email Forrester Associates to discuss your home or to arrange an appraisal on 01527 833876 or firstname.lastname@example.org and see what could be achieved.
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Anglian Archives aNgLiaN arCHives are archiving specialists and, for over 25 years we have cared for sensitive documents for those working in the care sector and those working in the clinicaland medical fields. We provide secure off site document and file storage in a fire resistant environment. Out of sight doesn’t mean out of mind as we can retrieve your docu-
Caught in a Legal Web residential Care and the Court of Protection Under the Mental Capacity Act 2005, where a person (P) does not have the capacity to make a decision for themselves, a decision will be made on the basis of what is in their best interests. Those involved in identifying what is in P’s bests interests will include close family and potentially friends, professionals involved with P’s care and, if P resides at a residential home, members of staff from the home. In most cases, those closely involved with P’s life will agree about what is in P’s best interests. However, if agreement cannot be reached the Court of Protection is the final decision maker. Where Court of Protection proceedings are needed, the residential home will find itself caught up in the process, to a greater or lesser extent.
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the actual and hidden costs If you are a party and have legal representation, or if you consult your own lawyers anyway, you will have to pay your lawyer’s costs. It is very rare for any party to be ordered to pay the costs of another party in the Court of Protection, so you may not have to pay for anyone else but you probably will not get your costs back. However, the main costs are not financial. A lot of time is likely to be involved around documentation and communication.
Best practice for care home providers
There are a number of ways in which the care home provider can ensure things go as smoothly as possible: 1. Make sure care plans are up to date The parties in a Court of Protection case will always want to see P’s care plan and it is very important that there is an up-to-date care plan to give Common issues that arise them. A detailed, up-to-date care plan shows that the patient’s needs are Many cases involve one or more of the following issues: being assessed and met on an ongoing basis. • Whether the care delivered at the residential home meets the needs of P 2. Keep good records • Whether P should be living somewhere else, most often ‘at home’ More generally, make sure that detailed records are being kept about • Safeguarding concerns, particularly around contact with family or property patients. Regular records detailing how much P weighs and how much and • Whether P is deprived of liberty. In most cases this will be dealt with under what they are eating show that P is being carefully monitored. the Deprivation of Liberty Safeguards (DOLS), but it can be an issue in itself or 3. Be responsive aspects of the DOLS assessments may be challenged as a way of raising other The residential home will invariably be ordered by the Court to produce issues. all records relating to P. It helps everybody if you provide the documents as the role of the residential home quickly as you are able. It is not very common for a residential home to be a direct party in Court 4. Communicate with the care co-ordinator of Protection proceedings. Typically the main parties will be the statutory This is vital. Key steps to take are: body funding the placement (LA or CCG); P, represented by an appropriate • Establish a clear point of contact at the earliest possible stage for both routine independent person (often an IMCA or the Official Solicitor, sometimes a and urgent communication family member with no conflicting interest). • Be clear about what decisions or changes can or cannot now be made by the However, the residential home is actually residential home or others involved with P’s care, such as the GP. Normally there caring for P and will be asked to supply will be no problem with the delivery of care as set out in the care plan, but if there information and will need to take account of are to be significant changes they may need to be approved by the Court of any Orders from the Court of Protection Protection before being implemented (although never let this prevent you from takspecifying P’s best interests. ing any steps needed to provide care urgently needed by P) • Keep your contact informed of any problems you are having with P, others, or in meeting any requirements of the Court • Find out who else is involved in the case and what Eddie Dribble - the best known name in the you can and cannot say to othprivate care industry ers, and what they can or cannot do in relation to P Valuations undertaken - Nursing • Document all interactions about the case and Residential Homes always • Make sure you are aware wanted for sale nationwide of any relevant part of any Court order and if you do not understand what you are supposed to do, or not do, ask Reduced commission rates for Fiona Easton-Lawrence owners replying through this and Stephen Evans, emanuel a Dribble advertisement Hempsons 26 Arthur Road Fiona is an expert in conNew Malden tentious healthcare and Reduced commission rates mental health law. Stephen Surrey KT3 6LX specialises in dispute resofor RNHA members tel/Fax 020 8942 0852 lution and has a Master’s Degree in mental health law.
Nursing & Residential Home Specialist Agency