Councils must "act lawfully" funding the elderly in need of nursing home care, warns campaign group

The Registered Nursing Homes Association is warning local authorities to ensure they act lawfully when setting the fees they will pay for publicly funding nursing home residents in the new financial year.

The announcement comes after three successful judicial reviews have been mounted against Pembrokeshire, Leicestershire and Sefton councils, and a fourth review is scheduled to examine Devon County Council’s procedures.

The RNHA is delivering the message at a series of roadshows around the country debating the challenge of delivering high quality services during a period of cost-cutting by both central government and councils.

RNHA chief executive officer Frank Ursell said: “Councils have to consult their local care providers about fee level.

“They also have to look closely at what it is actually costing nursing homes in their area to deliver the necessary quality of care, and at the likely impact of price rises and wage increases in the pipeline.

“Councils cannot just decide to pay what they feel like paying, and to claim that it is all they can afford. That is not lawful. So we shall be asking nursing homes to keep their eyes peeled and to let us know if they suspect that councils are trying to duck out of their responsibilities.

“Ultimately, the quality of care depends on the level of funding available, and since around two thirds of residents rely on council funding for their places, any attempt by councils to freeze or cut the amount they pay will have an automatic knock on effect on the care provided to vulnerable older people.”

The RNHA is calling on the families of older people in nursing homes to complain to the Local Government Ombudsman if they think that the cutbacks in council spending risk harming the level of service provided to their loved ones in care.