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તમારા વિસ્તારમાં કોઇ કાનૂની સલાહકાર શોધો

19 Community care

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1. Introduction

2. Where do I start if I think I need help?

3. What kind of help is there?

4. Can I get help if I look after someone?

5. Who pays if I get care in my home?

6. What if I have to go into hospital?

You are entitled to an assessment to decide what help you may need on leaving hospital. In England, the hospital must tell your local social services department if you are likely to need care services after leaving hospital. Also, if you are coming out of a hospital where you are receiving ‘acute care’ (for example, after an operation or treatment following an accident), your council should (in England) carry out a care assessment within strict time limits and put together a care plan so that it is safe for you to leave hospital. If you have a carer, the care plan must consider their needs.

Your assessment should decide whether you:

  • can go home, perhaps with social services support, and get any healthcare you need as an outpatient, in your own home, or at a local centre; or
  • need a period of intermediate care (see ‘What if I need care for just a short time?’); or
  • need to go into a care home (with or without some nursing care).

If you have ongoing health needs, you should get a multi-disciplinary assessment before you are discharged, to see what care you need and if you are eligible for NHS continuing healthcare (see ‘What if I need care mostly because of health problems?’).

After you’ve been assessed you should be given written details of:

  • which parts of your care will be arranged and paid for by the NHS;
  • how much you are likely to have to pay for care after you leave hospital; and
  • any benefits you may be able to get.

If you are assessed as needing only social services support, social services must check that any support they have arranged is enough for you within 14 days of you arriving home from hospital, and at least once a year after that.

If you are unhappy about plans for you to leave hospital, you can use the NHS and social services complaints procedures (see ‘What if I have difficulty getting the care I need?’ and ‘What if I have a problem with NHS care?’). You may also be able to have an independent review of a decision on whether you are eligible for continuing healthcare, and you should not have to leave NHS care while this is taking place.

You can refuse to go into a care home if the NHS will not pay for your care. However, if you are currently waiting to leave an NHS hospital, you can’t generally stay there for an unlimited time. In this situation, all the organisations involved should try to find suitable alternatives. This could be, for example, a package of services that mean you could go back to your own home. You can ask to be reassessed if your situation changes and you think you may now meet the rules for NHS continuing healthcare.

7. What if I need to move into a care home?

8. What if I need ongoing nursing care?

9. Will I have to sell my home?

10. Can I claim any benefits if I am in residential care?

11. What choice of care home do I have?

12. What if I want to move to a care home that costs more than the council will pay?

13. What if my move into a care home is temporary?

14. What rights do I have when I am in a care home?

15. What if I have difficulty getting the care I need?

16. Further help

17. About this leaflet

This leaflet is published by the Gurkha Free Legal Advice (LSC). It was written in association with Sue Bloomfield, a freelance consumer affairs writer.

Leaflet Version: May 2008

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