Eviction from care home - what will happen?

[54321nought]

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.

@2bazookas

I doubt he is a tenant with rights to notice.

. Surely residence in a care home is more akin to a paying guest in a hotel; and can be terminated just as fast.

Exactly - I did mention this upthread, with the suggestion of contacting the Relatives and Residents Association. It's not precisely the same as being a hotel guest as residents in care homes will have some degree of vulnerability which means homes cannot risk just showing them the door but not many people realise that care home residents' don't have the same rights as people in extra care, even if they have very similar problems.

You think social care wouldn't release him to be trapped on one floor
Oh yes they would
He can be transferred up the stairs to the one floor he will be living in via ambulancemen with a chair lift and left there
He can have a commode and a strip wash and carers to bring meals and drinks
I have absolutely known people in that position.

The lack of water and electricity is an issue. Carers would likely refuse to work in such conditions. He would need to pay to get that fixed and apparently the SW tried to assist him with that and he refused.

I am sure they will redo the capacity assessment based on his apparent inability to weigh up the risks to himself in wanting to go back to such a dangerous situation.
It really does appear he is lacking capacity
What do you think OP as someone whose known him a long time? Would he have made bad decisions like this all his life or is this new and likely due to the stroke?

If he is deemed to lack capacity it's a whole different ball game and then his house could eventually be sold against his will. An application would be made to the Court of Protection for an order to do that in his best interests but that can only happen IF he lacks capacity.
I would expect a psychiatrist to be asked to assess him for vascular dementia and report on capacity.

I honestly don't think the care home will evict him physically or stop caring for him. They just want their fees paid and they had to threaten eviction to get action. They are trying to pressure social care not him personally I would suggest. I rather suspect social care will pay for a while whilst he is being further assessed with a view to recoup the money from him down the line either by getting an order to sell the house or by putting h a charge on it for the debt. They do that a fair bit but they don't shout about it.

Well, we appear to have got through the day without any moves to forcibly remove him, which is great!

Here's hoping tomorrow is equally non eventful

Why cant she sell her house?

This all sounds terrible.

In my LA which I work with vulnerable adults and homelessness.

The following would probably happen.

Evicted from care home
SW deem house not suitable to go in to due to no electricity.
Priority need homeless application enacted.
Adult would be placed in to temporary accommodation that met his needs, SW to put together care home package whilst in temp accommodation.

Works on house would have to be agreed to by Adult in question as part of duty of care to house by LA.

Adult returned home once property safe with care home package from Social to follow him.

I've dealt with a handful of cases very similar to this.

another day of stress and worry starting - I think I am the person most stressed by this situation!! I need a distraction

I think you need to speak to the social worker or the care home manager for your own peace of mind in that case rather than worry every day. You could make it clear to them that you cannot offer any care but you are concerned as a friend. They may say they can't disclose anything without his permission though.

I really do think it very unlikely that a BUPA care home would evict a vulnerable person forcibly. You could go to the papers and have a headline 'cruel care home puts stroke survivor on the streets'. Reputation is everything for care homes. Therefore I seriously doubt they would do it. If they were going to dump him it would be in A&E. Or they could call an ambulance and say he is ill, get him admitted and then not take him back. That's a common ploy.
Being packed up in a wheelchair and left in the street I can't see it happening.

@54321nought

another day of stress and worry starting - I think I am the person most stressed by this situation!! I need a distraction

As @CovoidOfAllHumanity says he won't be put in the street. But he may be:

Moved by social services to a cheaper home to minimize the disputed costs that they may have to pay if your friend refuses or
Sent back to A and E by Bupa at the first sign of any illness.

I don't think the mention of eviction is the biggest issue here. It's whether your friend can take responsibility for his own future and work with Social services to get an outcome which is realistic and which he wants. Saying 'I want to go home' when he would not be safe to be at home in that property and refusing to discuss other options / arrange the repairs is not responsible adult behaviour.

Saying 'I want to go home' when he would not be safe to be at home in that property and refusing to discuss other options / arrange the repairs is not responsible adult behaviour

This. His behaviour is not compatible with someone with capacity. Living in a house with no water and electricity isn’t sane, sensible behaviour.

If I were you I’d step right back, OP. Remind yourself why he’s no longer your partner.

Back off a bit. This is not an unusual situation, social services are responsible, they will work it out. He could have an advocate which they can arrange. He could ask you to attend any meeting with him but you can say no. You are a friend, visit socially, take biscuits, collect his post even, keep out of the nitty gritty, he can ask to go home or be found somewhere if not suitable.
Stop stressing, be prepared to be his friend as if in hospital, and help him speak up if needed. You may help him understand what is possible and push for rescourses, rehab etc but you are not a relative and have no duty. If he won't cooperate then they will assess him for capacity and may take over his affairs. It's not on you.

@54321nought

another day of stress and worry starting - I think I am the person most stressed by this situation!! I need a distraction

Personally OP, I would not be visiting in person. As awful as that sounds. The more you visit him, the more you're going to assumed to be someone who he 'should' be turning to - no matter how much & how sternly you insist this cannot and will not ever, be the case. As a PP above said, she ended up with her neighbour being dropped off at her house in a taxi at 2am and was immediately considered her Carer when she didn't even barely know her.

I'm sorry but I would step back completely. I know it will be hard and you will feel guilty but he has adult social services. Once he gets sorted you can then be all kinds of help to him.

He wants to go home, and is planning to do so shortly, and is assuming he will improve, and also be able to have cares in.

Is he working hard on physio to make this possible?

I keep thinking about Andrew Marr who worked his socks off to get back to work after a stroke, and I believe is still doing so, but is still significantly disabled.

Social services will not release him to a house with no water and electricity where he will be trapped on the ground floor with no toilet or kitchen facilities

If he isn't making the plans which SS believe are needed to make the house habitable and safe for him I wonder if this will trigger a capacity assessment. Plus if he is expecting to make a full recovery and medical opinion says otherwise his inability to accept this may also be part of his capacity assessment

In the interim I could imagine that Bupa have notified SS that he cannot stay with no prospect of a speedy resolution and SS find him a place in the cheapest home they have available

No care agency after doing an assessment of his needs and environment, will be able to provide a service if the house is as uninhabitable as it sounds OP.
Their risk assessments won’t allow it.

@54321nought how are things with your friend? Are you managing to avoid being stressed by it and not get dragged into being the solution?