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Original poster

Eviction from care home - what will happen?

214 replies

54321nought · 11/08/2021 01:29

Any experiences or insights of knowledge about what is likely to happen?

The dispute is over who pays the fees, the resident has been given a date to leave by, which is this week. The resident will not be leaving on that date, but is expecting to leave around a week later.

I am assuming there will be no physical eviction, or will there be? Will it take time to get a court order, as in evicting a tenant? Or will it be possible to evict the resident on the day of the dead line they have been given?

What form will the eviction take? Bailiffs etc? ( resident cannot walk)

And if not evicted on the day of the deadline, what will happen after that, between the deadline day and the day they actually leave?

They are dependent on staff for care, dressing etc, and taking to the toilet, and of course for being given food.

Will this continue? Or will they be left?

I am assuming care will continue while the individual is in the home, but I am not sure.

Anyone with any knowledge of these situations? It is a Bupa home, if that makes any difference.

OP posts:
IveGotASongThatllGetOnYNerves · 11/08/2021 07:49

They're not going to go from unable to walk, needing help to eat and bathe etc to being mobile and independent in a week and with their house being totally unsuitable. I'm shocked anyone's told them otherwise.

BonesJones · 11/08/2021 07:50

Is there anyone who can help make the house habitable in the next few days? It's a bit mad that the care home could force the sale of a home that a temporary resident will return to! Can you speak to citizens advice / the council / social worker to see if there is any help available?

Original poster
54321nought · 11/08/2021 07:51

[quote Rainallnight]Aha. Lots of good info here. Care home residents are licensees, rather than tenants.

Care homes can give licensees 28 days notice to quit and can evict, though that relies on the person having mental capacity.

england.shelter.org.uk/professional_resources/legal/housing_options/housing_options_for_people_with_care_and_support_needs/care_homes_for_older_people[/quote]
Interesting - so if he is telling the truth about only having been given 24 hours, then there is nothing to worry about specifically today. ( unless he was told earlier, and reminded that it is now 24 hours)

OP posts:

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Care homes Property legal advice
Original poster
54321nought · 11/08/2021 07:52

@BonesJones

Is there anyone who can help make the house habitable in the next few days? It's a bit mad that the care home could force the sale of a home that a temporary resident will return to! Can you speak to citizens advice / the council / social worker to see if there is any help available?
I'm going to try, but my problem is not being NOK, as there isn't one, and not being sure I have all the info
OP posts:
Bellringer · 11/08/2021 07:52

Contact safeguarding for persons local authority. We're they not involved in decision to go into residential care, understand fees? Need assessment by social services. What is your relationship/involvement?

Keepingthingsinteresting · 11/08/2021 07:52

What does the resident think should happen? If I understand correctly they have been living there for months but not paying and have no intention of doing so- seems a bit off.
If Toney don’t settle their bills the home will likely (eventually) take legal action against them and depending on value and how far they can go in the process may be able to get an order for sale.

If the house is uninhabitable he won’t be able to go home anyway without having it refitted, which if he has no money he onto be able to do. He needs to wake up to realists I’m afraid and sell in his own terms.

LIZS · 11/08/2021 07:55

If he works can that not be used to pay towards fees? Does he get any sick pay? How long have they been in there?

Original poster
54321nought · 11/08/2021 07:55

@IveGotASongThatllGetOnYNerves

They're not going to go from unable to walk, needing help to eat and bathe etc to being mobile and independent in a week and with their house being totally unsuitable. I'm shocked anyone's told them otherwise.
They can't walk, but they can feed themselves.

I'm guessing they will need stair lifts in order to return home.

OP posts:
Bellringer · 11/08/2021 07:55

Sorry cross post. Social services need to be involved

MissyB1 · 11/08/2021 07:55

Someone needs to call the adult safeguarding team at the local council. And a social worker needs to be involved, as if they are sent home they will need a full care package.

Why is there no water or electricity in the house?

Original poster
54321nought · 11/08/2021 07:58

@LIZS

If he works can that not be used to pay towards fees? Does he get any sick pay? How long have they been in there?
currently has a GP sick note, but no, does not have a job to return to any longer. They have been in the home since Christmas. They were sent there from hospital, after a stroke. They were too "out of it" at the time to have any say
OP posts:
IveGotASongThatllGetOnYNerves · 11/08/2021 07:58

Sorry, I took "They are dependent on staff for care, dressing etc, and taking to the toilet, and of course for being given food" to mean they couldn't do any of these things independently.

Original poster
54321nought · 11/08/2021 07:59

@MissyB1

Someone needs to call the adult safeguarding team at the local council. And a social worker needs to be involved, as if they are sent home they will need a full care package.

Why is there no water or electricity in the house?

It flooded last year, he was living without electricity and water in the house when he had the stroke
OP posts:
LIZS · 11/08/2021 07:59

Can they live on one level? Reablement or intermediate care should be involved , assessment by ot with any adaptations made before he returns. Who agreed to him going into the home, either ss or resident must have agreed to cover fees. In some cases nursing care is covered regardless of property.

IveGotASongThatllGetOnYNerves · 11/08/2021 08:01

It's a terrible situation. He must be going through a lot, and possibly burying his head in the sand because he's frightened but this isn't going to go away because he's ignoring it. Just be aware that the more you get involved trying to sort things out, the more adult services will turn their beedy eyes on you being the answer to where he's going to live and who's going to take care of him. (Assuming you aren't in a different country or anything!)

Original poster
54321nought · 11/08/2021 08:02

@IveGotASongThatllGetOnYNerves

Sorry, I took "They are dependent on staff for care, dressing etc, and taking to the toilet, and of course for being given food" to mean they couldn't do any of these things independently.
what I mean is they need staff to bring them food, in the home. They can eat it themselves when it is put in front of them. I am just hoping they will continue to be given food while this is resolved, although I could take in sandwiches, I can't take in hot food, and I can't get there every day.

Due to covid restrictions I can only go once or twice a week, depending on getting a slot booked.

And if the home goes into lock down again, I won't be able to go at all ( or if I get pinged)

They cannot get to the toilet alone

They can partly wash and dress, not legs and feet

OP posts:
Original poster
54321nought · 11/08/2021 08:03

@IveGotASongThatllGetOnYNerves

It's a terrible situation. He must be going through a lot, and possibly burying his head in the sand because he's frightened but this isn't going to go away because he's ignoring it. Just be aware that the more you get involved trying to sort things out, the more adult services will turn their beedy eyes on you being the answer to where he's going to live and who's going to take care of him. (Assuming you aren't in a different country or anything!)
well, I can't and wont! There is a limit to what help I can offer.
OP posts:
IveGotASongThatllGetOnYNerves · 11/08/2021 08:06

Make sure you are very vocal about that! I used to work in the care sector. Be VERY clear! And be aware pressure gets put on you in a variety of ways.

ApolloandDaphne · 11/08/2021 08:06

Even if the go home it sounds like they will need a care package to allow independent living and they will need to pay for that too. It seems that they really need to sell the town house and move to a smaller bungalow and release cash to pay for their care.

LIZS · 11/08/2021 08:08

What is your role in this? Can you contact a stroke charity to see if they have anyone who can help negotiate.

Original poster
54321nought · 11/08/2021 08:08

@IveGotASongThatllGetOnYNerves

Make sure you are very vocal about that! I used to work in the care sector. Be VERY clear! And be aware pressure gets put on you in a variety of ways.
Thanks for the warning, I will do

I will do. I am a bit afraid of turning up for a visit and finding them packed up in a wheel chair on the pavement outside, and having the wheelchair handle simply put into my hand.

There is no way they could even get into my home, even to stay overnight.

OP posts:
Original poster
54321nought · 11/08/2021 08:09

@ApolloandDaphne

Even if the go home it sounds like they will need a care package to allow independent living and they will need to pay for that too. It seems that they really need to sell the town house and move to a smaller bungalow and release cash to pay for their care.
You and I might come to that conclusion in these circumstances, i am just asking if anyone knows what is going to happen, and when, if they simply refuse - which I think is likely
OP posts:
saraclara · 11/08/2021 08:11

You need to contact the vulnerable adult safeguarding team as soon as possible. As soon as they open today, in fact. This is a social services issue and they are the only people who can help.

Original poster
54321nought · 11/08/2021 08:12

@saraclara

You need to contact the vulnerable adult safeguarding team as soon as possible. As soon as they open today, in fact. This is a social services issue and they are the only people who can help.
OK, I will do that, thanks
OP posts:
saraclara · 11/08/2021 08:14

@IveGotASongThatllGetOnYNerves

Make sure you are very vocal about that! I used to work in the care sector. Be VERY clear! And be aware pressure gets put on you in a variety of ways.
Absolutely. OP you have to make it clear that you play no part in his day to day life. Pick a sentence that makes that clear and repeat it, parrot-like, every time they assume you will do something for him.
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