Right to choose own accommodation
The care planning process will identify how needs are to be met. Where this involves one of the above types of accommodation then the person will have a right to choose between different services providers or locations, subject to certain conditions. The person may wish to choose a placement near to where they live; or opt to move to a different area to be closer to family; or choose a specialist home such as one run by a religious organisation. Cross-border regulations are in place, should someone wish to be placed in Wales, Scotland or Northern Ireland.
There are 6 conditions which need to be met in determining choice:
Needs
The care and support plan (or carers support plan incorporating services for a cared for person) must specify that a person’s needs will be met in a care home; shared lives scheme; or a supported living accommodation setting.
The type of accommodation
The preferred accommodation must be the same as is specified in the person’s plan. A person is not able, for example, to choose a particular care home if their care and support plan specifies that their needs are to be met by the provision of supported living accommodation or shared lives.
Suitability
The accommodation must be suitable to meet a person’s assessed needs.
Cost
The council must provide at least one option within the personal budget which is available and suitable to meet the person’s agreed needs. The council should provide a choice of options.
Availability
The accommodation must be available. If the person wishes to live in a specific care setting and it is not available at that time, then it may be necessary for them to go on a waiting list until a vacancy is available. In this event interim arrangements will be put in place, which could involve a temporary stay in suitable alternative accommodation or a package of care in the person’s home.
The local authority must provide the person with clear information in writing on the detail of the arrangements as part of their care and support plan. This should include the likely duration of the arrangement, information on the operation of the waiting list for their preferred setting alongside any other information that may be relevant.
The local authority must also set out how long the interim arrangement may last for. If any interim arrangements exceed 12 weeks, the person may be re-assessed to ensure that both the interim and the preferred option are still able to meet the person’s needs and that remains their choice.
Terms and conditions
The service provider of the specified accommodation must agree to the council’s usual terms and conditions. We refer to this as the service agreement (contract), which the provider must sign before the service can go ahead.