Is your loved-one’s care home acting illegally? 10 tips.

I have recently been embroiled in a case which has concerned me so much that I write this blog in the hope it helps others.

In trying to tackle the care home management team, this information may be useful to you. With to the recent and distressing BBC Panorama under cover report of care in ‘care’ homes, this is actually quite topical.

In trying to tackle the often reluctant care home management team, this information may be useful to you too.

  • Firstly, clarify if the registered nursing home funds the bed with a combination of health & social care? If it’s not a care home with nursing care for the resident, it may only be a residential placement care home.
  • Establish if the patient meets the eligibility criteria for a NHS Continuous healthcare package, which is care arranged and funded solely by the NHS.
  • It is important to be aware of the difference between a ‘healthcare need’ as defined;

    ‘As those who people require some degree of nursing or twenty four hour nursing’, yet many relatives are told their loved-one merely has social care needs.

    Why you ask?

    Because it relinquishes the NHS from any responsibility for funding the persons care. The person will instead be means tested and told to pay for their care.

    We all thought healthcare and nursing care was free didn’t we?  To be clear in the NHS Continuing Healthcare guidelines it says,

    ‘A healthcare need is a need to the treatment, control or prevention of a disease, illness injury or disability and the care or aftercare of a person…’


    ‘A social care need is focused on providing assistance with activities of daily living, maintaining independence, social interaction, enabling the individual to play a fuller part in society…. Eg. Social work services, advice, support, practical assistance, adaptations, assistance with equipment.’


    3. Who is the visiting GP? He should visit and make referrals twice a week on behalf of the patient.

    4. Who is the qualified physiotherapist and must be Health and Care Professions Council (HPCP) registered in the UK? If the physiotherapist is not HCPC qualified in the care home, is the patient referred to a specialist stroke physiotherapist?

    5. Have you reviewed the Care Home’s last Quality Care Commission report? If they are failing to meet the guidelines the home can be closed down.

    6. Have referrals been made for all the patients’ unmet needs? Eg has a wheelchair, cushions, mattresses, mouth care, emotional needs etc been met? What about speech and communication needs? Is the patient currently in bed 24/7 without a wheelchair?

    7. Take video evidence of the care home on your phone or otherwise. Always, keep a diary, including dates, times, people, conversations, photographs etc.

    8. Please use Crowd funding sites or sites like GoFundMe and friends to help you fundraise for assistive communication and mobility technology. E.g eye gaze or eye tracking equipment.

    9. Go to the local papers and become a whistleblower, if your concerns are not being met.

    10. If all else fails approach your local MP.