Foreword

Welcome to the November/December issue of Elderly Client Adviser. First, in a marked change to the usual running order of the magazine, David Coldrick is taking a well-deserved break from his full-time duties at Wrigleys and his role on the magazine – so will not be providing his regular editorial piece. I hope you will all join me in wishing him a happy holiday, and will look forward to a special extended editorial, just in time for Christmas, upon his return.
In the meantime, while doing some internet research this week, I came across an interesting story about summer flooding in Hull (freak weather conditions are seemingly becoming a bit of a common theme in the ECA editorial).
During the flooding, several day-care centres and residential homes were heavily damaged and, in the aftermath, elderly residents are facing further anguish as their care homes are threatened with closure.
According to a number of news reports, residents of one home, Rokeby House, have already staged a protest after being informed that they would be moved to another area of the city after the local council approved plans to demolish the home, saying that it was not worth repairing. Furthermore, although the council has assured residents that a new home will be built on the old site, it will be privately, not council, run.
The apparent funding problem would seem to have arisen from the fact that Hull council had to landfill tonnes of non-recyclable debris left by the floods, resulting in it handing over around £50,000 in landfill tax to the government. In addition, some have suggested that money given to the council, by the government, as a ‘flood aid’ package simply wasn’t enough to cover the total cost of the damage.
The main point here, of course, is the distress that the entire episode must be causing for elderly care-home residents and their families. Even as a relative newcomer to the world of elderly care, I find myself wondering if the ‘care’ concept has somehow been buried in red tape and costing complications.
The same gut feeling was provoked as I read through this issue’s ‘Inbrief’ section. In one story, coverage of a report by the Commission for Social Care finds that older people paying up to £30,000 a year for a room in a care home often do not know exactly what they are paying for.
According to the report, people who pay for their own care are sometimes also inadvertently subsidising those whose care is paid for by the local council, in areas where councils negotiate lower rates. At the same time, in certain areas even those being subsidised are forced to pay top-up rates, where there are not enough care services to meet demand.
Before I stepped into my role on ECA, following Caroline Poynton’s departure in June, I was slightly naïve when it came to understanding exactly what issues those individuals and organisations representing the elderly client might come up against in their day-to-day roles. I had no idea of the intricacies and challenges within this specialist sector, not least the ever-shifting legislation and regulations.
One article included in these pages actually had to be completely reworked right before press, following the 2007 Pre-Budget Report – a case in point.
For these reasons, I have the greatest respect for everyone working in this area, and those who continue to provide timely, relevant and expert contributions for publication in this magazine – and I hope that it continues to be an essential part of its readers’ everyday toolkit.
Indeed, should you have any feedback on the magazine, including areas that you would like us to cover, or would like to pen an article on a topic of your choice, we would love to hear from you. I can be contacted at kclifton@ark-group.com.
In the meantime, I hope that you enjoy this issue of the magazine and am sure that you will be happy to have David Coldrick back in the editorial seat next issue.

Kate Clifton, Managing Editor

Features

The professor, the wife, the court, their chancellor This article is for subscribers only
The ruling in Phizackerley caused a stir when first published earlier this year. But now that the dust has settled, and in light of the recent pre-budget report, was the fuss justified? LEON SARTIN examines the implications

Personal injury trusts and older people This article is for subscribers only
LYNNE BRADEY examines the application of personal injury trusts for older clients, specifically in the context of the changes to the rules in October 2006.

Deprivation of liberty: Part II This article is for subscribers only
In his second article on the Bournewood safeguards, PHIL FENNELL discusses the authorisatiom procedure in detail.

This article is for subscribers only

The Role of the Public Guardian and the Court of Protection This article is for subscribers only
Who better to provide a view of the roles, responsibilites and workings of the Office of the Public Guardian and Court of Protection than the OPG itself? IFEDIBA EQWUATU provides insight.

A waste of time? This article is for subscribers only
Professional services firms continue to invest money in business development training, yet the results ofyen fail to reach even modest expectations. PETER BELSEY looks at some of the best ways to waste your training budget.

Regulars

Case Digest Free
S.117 Top Ups considered – Complaint against North Yorkshire CC (05/C/13158)
The complaint was made by a daughter on behalf of her mother who required aftercare under Section 117 of the Mental Health Act 1983 (following compulsory detention for treatment), and became a resident in a care home. The cost of the accommodation must be paid for by the local authority and/or the NHS.