Brother's home to be 'de-regulated'

Fallon

My brother Mark has Special Needs and lives in 'the community'. I was told yesterday that the Local Authorities are looking to change his tenancy agreement and that his home us to be 'de-regulated'. I was also told that in doing this his support hours would be reduced by 10 hours per week. This might seem like nothing but it means he will be unsupported when he desperately needs it.
Mark not only has brain tumours, seizures along with his diagnosis of Autism, Bells Palsy and diabetes but chronic disability walking abilities.
I have been told I have 2 choices; keep the 'regulated' tenancy as it is but with a threat he will be moved after 18 years into a non-communal larger home or agree to the new terms of 'de-regulation... under a Court of Protection Order.
Has anyone had any experience of this please? 

Chloe_Scope

Hi @Fallon and welcome to the community!

I'm so sorry this post has been missed. I really would advise getting some specialist advice on this. 

Here's an article from Citizen's Advice about discrimination within housing, and you can contact them here.

Please do let us know how you get on.

Sam_Alumni

HI @Fallon
Welcome to the community, I am sorry to hear about your brother, this must be so distressing to you all. I don't have any experience of this, I hope someone will be able to share their experiences soon.

Have you asked anywhere else about this? Perhaps the CItizens Advice or Shelter?

Fallon

Thank you both so much for replying. I've only just got off the phone from a call from the Health Authority who want to meet with me to discuss thus asap.
I'm to speak to the care home director tomorrow as it's all very confusing as trust isn't something I feel very comfortable with when it comes to something so important and out of the blue.
It is distressing terribly as I hold my brothers care in my hands in a tumble dryer of papers
I will keep you posted though thank you again ... think this is going to be quite significant for our families and loved onesxxx

Chloe_Scope

I'm glad the Health Authority are eager to meet. It sounds like you are doing a great job at managing all of this and it's understandable that it has been so distressing.

I really hope it goes well with the care home director tomorrow and we are always here if you need anything.

Fallon

Oh .... thank you Chloe; it's always a minefield out there xxx

jaja

Hello @Fallon

This must be so difficult. It is good they want to meet. I just wanted to say that they must give you time to consider your options and access professional advice. I'm afraid I can't help you further but didn't want you to be pushed into a corner. Take the time you need to consider your options.

I hope it all goes well.

atlas46

Hi @Fallon

Have you got Enduring Power of Attorney on behalf of your brother’s health and care?

You need to seek the assistance of an expert family law specialist, they usually provide a free consultation, in the first instance.

Also, has your brother got a named social worker and/or advocate?

Have a look at the Court of Protection web site, they deal with specific issues, like yours.

They consider the “best interests” of your brother’s needs and not what the local authority thinks.

Keep us informed.

Chloe_Scope

It certainly can be a minefield @Fallon, I hope the call today goes well

Fallon

Thank you so much everyone xx I'm sorry I never came back to this all as caught up in the logistics of Health Authority, Care Home, Social Services each and every angle. 

As I write; 1 year later nothing has changed.

I attended the meeting and the Social Services advised my brother's hours would need to be reduced as the care home didn't require the hours being attached to him. They also advised me that the care home would be getting de-registered to a tenancy agreement and that the DOLS would be replaced with something else once this happens.

Absolutely no-one walked me through this process and just this week I was advised by the DOLS team that due to delays in the transition of de-registration the DOLS/Court of Protection would be temporarily introduced,

I was also advised under DOLS that if I had any concerns whatsoever that as my brother's 'representative' I had full legal rights to complain if I thought the care was not appropriate which I didn't know.

This system is so complicated. I have been waiting 1 year now since that meeting where I mentioned a need for a new wheelchair for example to help support the complex health needs. Only now I find out that my requests are legally binding.

Thank you so much everyone again xx