Frustrated with care company want to serve notice but about to start a legal challenge - quite complicated it's making my head hurt.

[LivinLaVidaLoki]

My brother has a learning disability.

He was housed in residential care but this was deemed not appropriate and he is now in a flat with support provided by carers coming in.

The care is being provided by the residential home doing like "outreach".
It's contracted to half an hour a day in the wèek and an hour on a Saturday.

He had a financial assessment last week and was deemed to be a self funder, we are disputing this (quite complicated but he has a discretionary trust from when my mum died and it's ring fenced for other things).

I am currently seeking the advice of the solicitor who did the trust and if he has to pay then he has to pay but we are just protecting his interests and want to make sure the decision is legal and right.

In the meantime the carers have said they have not been paid by the authority since starting this care and so they are no longer going to go to my brother, he has to go to the home they own to see them.

The homes owner has sent texts to my brother to say he is not a charity and he expects to be paid. My brother has found this very distressing.

I have received multiple texts requesting payment. However the way I see it is that between November and now, their contract is with the authority surely? So they should be chasing them?

Either way, withholding his care in this way and asking him directly for payment seems really inappropriate. They actually do very little in the way of care (I only discovered this recently) and so we are considering serving notice.

However, should we wait until the financial situation is sorted out first?

I also believe that by making him go to them they are actually in breach of their contract?

Sorry it's a bit convoluted I'm just so confused and their constant requests for money are very stressful.

However the way I see it is that between November and now, their contract is with the authority surely? So they should be chasing them

The local authority funds care. It doesn't provide care. My guess is that your brother chose to enter into a contract with the care provider in the expectation that he would receive funding from the local authority. He is therefore liable for the cost of care.

No, my brother was assessed by social services at a crisis point and placed in residential care. The assessment showed that he needed supported living so the council agreed for continuity of care the care would be provided by the people who ran his residential placement.
I work in social care commissioning and the council do arrange care when needed from a framework of providers. Also my brother is incapable of entering into a contract.
The issue is with the funding. They carried out an assessment that he didn't know was an assessment with no one there to look out for him or make sure this was fair for him, using capital that they CANNOT use and have now just suddenly made him liable for everything as of November.