The Personal Care at Home Bill – Sitting On The Fence
A south west law firm and a national organisation of lawyers are united in their reaction to the Government’s proposals for personal care that will go ahead – if the newly elected Government implements it.
SFE (Solicitors for the Elderly) is a national organisation of lawyers, such as solicitors, barristers, and legal executives who are committed to providing and promoting independent legal advice for older and vulnerable adults, their family and carers. Foot Anstey has a team of lawyers that are acting for many families who have had to sell their houses to pay for the cost of their care and fight ongoing battles with the NHS. Both are urgently advising clients that even under current social care regimes, houses do not need to be sold to pay for the cost of care.
Recently, the Government accepted a House of Lords amendment in order to get the enabling legislation through before the general election which means that the introduction of free personal care at home for elderly and disabled people with the greatest needs is to be delayed by six months. The effect of this, as Lord Warner, a former Labour health minister who helped push for amendment, said: "We feel we have done our job. We have slowed the bill down and it will be for a new Government to deal with it in a more measured way." The bill is now expected to receive royal assent before parliament is dissolved for the election.
In other words, wait until we know who has won the election to see what will happen.
If implemented, the bill will guarantee free personal care at home for 280,000 people with the highest level of needs and will also provide "re-ablement" services for 130,000 people so that they can remain independent.
Under the white paper plan, stage two of the process of creating a national care service would be free personal care in residential and homes for all people after two years. Stage three, "after 2015", would be free care for all after introduction of a compulsory comprehensive insurance scheme.
Solicitors at Foot Anstey are advising their clients to adopt a wait and see policy as the general election may change things yet again.
Published 12/04/2010
