We work closely with a number of families to ensure their financial situation with paying for care is fair and legal. This page sets out some information about the costs of entering care – many people do not realise how expensive it is.
If you are concerned about care fees, and want to know the legal situation, call me for a no obligation chat on 01536 276300 or use our online enquiry form
If your relative has previously been sectioned and subsequently entered care (or had to pay for care at home) then the NHS may be liable to provide free after care services as detailed in the Mental Health Act 1983.
If a person has been detained under Section 3 of the Mental Health Act 1983 by being admitted to Hospital and detained against their will then the NHS should be liable to cover any subsequent care fees.
The person is usually admitted to hospital for treatment if they are suffering from a mental disorder of a severity that makes it appropriate for them to receive medical treatment in a Hospital and that treatment is necessary for the health and safety of the person but it cannot be provided unless they are detained (i.e. they are refusing to accept treatment).
If a person is detained the NHS, Local Authority and Social Services should provide free after care services until such time that the authorities are satisfied that the person is no longer in need of such services. This can include the cost of a care setting such as if the person subsequently entered a specialist unit in an EMI or nursing home setting.
The NHS, Local Authority and Social Services cannot just withdraw these free aftercare services. However, it is common for the NHS to not even offer these services and if your relative then enters care, to make the relative pay for their care.
What We Can Do
If your relative has been sectioned, and they had to pay for their care, without being told that the after care has been withdrawn, this is illegal and you may have a right to reclaim any care fees paid. This applies even if your relative has since passed away.
To clarify, many people are not provided with the after care services that the law requires and even those who are find they are withdrawn without any consultation.