Respite and Short-Term Care

There are times when people with care and support needs and their caregivers need a break from their long-term care. There may also be times where care needs have changed or increased, and the care arrangements are temporarily unsuitable. In these instances, respite or short-term care may be arranged.

Respite

‘Respite’ refers to a short period of relief to caregivers and can have a variety of different forms. Depending on individual needs and wishes, people may receive respite within a care home setting, by carers coming into the home, day centre provisions, or activities without the main caregiver. Respite can be beneficial to both the caregiver and the person with care needs. Respite can reduce the risk of the relationship between carer and the person they are supporting from breaking-down as the carer is provided with time to meet their own needs and engage in activities, reducing burnout. The person with care needs can also benefit from new social interactions, activities and experiences.

Short-term and temporary placements

Short-term placements can be beneficial when there is a new temporary care need (such as a need for post-operative care or a period of rehabilitation following illness or injury). Whether a placement is considered ‘temporary’ or ‘short-term’ has important implications for financial assessment and a decision to consider someone as a ‘temporary resident’ must be agreed with the person and/or their representative. A short-term resident is someone accommodated in a care home for a period not exceeding 8 weeks (e.g. for respite care). A resident is ‘temporary’, where their stay is likely to be less than 52 weeks, except in exceptional circumstances.

We can help with:

When and why you may have to pay for short-term and/or respite care
How the local authority determines the eligibility for respite care/short-term placements and challenging a decision not to meet the need for respite
Advice and representation to challenge where the local authority is making a placement long-term without agreement
Complaints against health and social care, including approaching the Ombudsman and other legal redress routes
Guidance on how key legislation such as the Care Act 2014 or the Mental Capacity Act 2005 apply to your circumstances
Representation at assessments and reviews
Legal advice in relation to financial assessments, personal budgets, care contracts, top ups and deferred payment agreements

We understand the challenges families face and often answer questions such as:

Will I have to pay for my respite/short-term care?

Local authorities cannot charge for assessing needs but can charge for arranging care and will financially assess the amount you will have to pay towards the care. The financial assessment for short-term temporary residents must disregard a person’s only or main home where they are intending to return to live there or if the home has been sold to purchase a more suitable one. Financial assessments for temporary care must also disregard any amounts the person needs to maintain their home during their stay such as ground rent, service charges, water rates or insurance premiums.

Income and earnings are also assessed during the financial assessment, and certain benefits such as attendance allowance and pension credit have their own rules and regulations which the financial assessor will need to consider. If you receive a personal budget or direct payment, these can be used to arrange respite care and there a few charities and grants which can also be used.
Find more information on paying for care HERE.

My relative is only in respite/short-term care, but it is not safe for them to return home, what do I do?

If a respite/short-term placement is coming to an end, and the environment is not ready for their return, there may be a need for adaptations and/or future planning discussions to take place. If the local authority does not hold an up-to-date needs assessment, this may require reassessment or review. Contacting your local authority to request this is the first step.

A needs assessment and care and support plan will establish what the person’s needs are, and how these will be met. Part of this may require an occupational therapist (OT) or assistive technology specialist to review the home environment and make recommendations to make it safe for them to return to. Click HERE for more information on needs assessments and care and support planning HERE.

In some circumstances, there can be a disagreement between family members, the person with care needs, and/or the local authority. In these cases, discharge planning meetings may be helpful and may be done in the person’s best interests, if they are found to lack capacity regarding their care and accommodation.

Independent advocacy services are available to support the person to express their views and wishes where there are conflicts, safeguarding concerns, and/or there is no one available or appropriate to represent them. Here at Moore & Tibbits, we are often instructed to represent clients where there are disputes around care and accommodation arrangements and can support you to understand the legal frameworks.

The local authority is refusing to provide respite care; how can I challenge it?

If you believe there is an eligible need for respite care which is not being provided, there may need to be a reassessment of care needs, or a review of the current care and support plan and personal budget. To request this, contacting the local authority or Integrated Care Board (ICB – if the person with needs is health funded) is the first step.

If you disagree with their assessment, the processes they have followed to reach their conclusion, or with the conclusion itself, each local authority should have their own complaints process which they should support you to follow. Independent complaints advocacy should also be available to you, or you may choose to seek legal advice. We can support you to follow the complaints processes or challenge the local authority through the Court of Protection or judicial review.

I am a carer who needs a break, who do I ask?

If you believe there is a need for respite care which is not being provided, there may need to be a reassessment of the person’s care needs, or a review of the current care and support plan and personal budget. To request this, contacting the local authority or Integrated Care Board (ICB – if you are health funded) is the first step. You can also request a carer’s assessment or a review of your needs as a carer. The respite provision should be paid for from the personal budget of the person with care needs and not the carers’ personal budget.

I want to challenge the decision to remove/reduce our respite care provision, where do I stand?

If there has been a decision to reduce or remove respite care, you may wish to request a reassessment of the person’s care needs, or a review of the current care and support plan and personal budget. If this has already been done and you disagree with their assessment, the processes they have followed to reach their conclusion, or with the conclusion itself, each local authority should have their own complaints process which they should support you to follow.

Independent complaints advocacy should also be available to you, or you may choose to seek legal advice. We can support you to follow the complaints processes or challenge the local authority through the Court of Protection or judicial review.

If you have any queries regarding respite or short-term care, please contact Sophy on SophyP@moore-tibbits.co.uk or 01926 354704.

Options

Homepage
Personal Services
Care in the Community
Respite and short term care