Emergency care home FAQ
Consolidated answers to the questions families ask in week one. If your question is not here, the relevant deep-dive page is in the related rail below.
Can I refuse to take my relative home if no safe bed is found?
Yes. The patient does not have to leave hospital until a safe destination is identified. The legal duty stays with the NHS trust and the council to keep the bed search going. Document everything in writing.
Can I bring my parent back home if the care home is not right?
Yes. You can end the contract at any time, observing the notice period (usually 4 weeks). If the patient is on D2A or CHC, the funding moves with them to the alternative setting.
What rights does the patient have under the Mental Capacity Act?
The Act presumes capacity. Anyone over 16 has the right to make their own decisions unless a capacity assessment shows otherwise. If they lack capacity, best-interests decisions are made by family, social worker and clinical team together.
What is a Deprivation of Liberty Safeguard (DoLS)?
A legal authorisation that allows a care home to restrict the freedom of a resident who lacks capacity, for their own safety. Always time-limited and reviewed. Should be in place within 7 days of a same-week move for a person without capacity.
What if my relative refuses to go into a care home?
With capacity, the refusal stands and the council documents the risk. Without capacity, a best-interests decision can authorise a move.
Can the council ever insist on a specific home?
No. The council must consider preferences. It can refuse to pay more than its contract rate, in which case a third-party top-up bridges the gap.
Does the family have to attend the discharge meeting?
Strongly recommended but not legally required. If you cannot attend in person, ask for a phone or video link.
What happens to my relative's pension during a care home stay?
The pension is paid as normal. State pension and most occupational pensions count as income for the means test. Attendance Allowance stops after 4 weeks if the council is paying for the care.
Does the NHS pay for nursing care in a care home long-term?
Yes, via NHS-funded Nursing Care (FNC). It is a flat weekly contribution towards registered nursing input, not the full fee. England rate for 2026/27 is published annually by the Department of Health and Social Care.
Can a friend (not family) make decisions if there is no LPA?
Not formally. The council can apply to the Court of Protection for a deputy order. In a crisis, the social worker makes best-interests decisions in consultation with whoever knows the patient best, including friends.
What if the home raises the fee a few weeks in?
Most contracts allow an annual fee review. A mid-term rise has to be justified by the contract terms and is challengeable. Always read the contract before signing.
Is respite care VAT-able?
Most personal care is VAT-exempt. Hotel-style services (specialist day trips, named entertainment) can attract VAT. Ask for a written breakdown.
Can I move my relative between homes during a Pathway 2 stay?
Yes, with the agreement of the discharge team. Continuity of assessment matters, so try to minimise moves during the 6-week window.
Does the council always have an emergency duty team out of hours?
Yes - every English council has one. The number is on each council website and via NHS 111 option 2.
What if I am paying privately and the home suddenly closes?
CQC has powers to intervene and find alternative placements. The deposit and any pre-paid fees should be refunded by the home or the receiver.
Last reviewed 2026-06-21. Clinical reviewer pending appointment (target Sep 2026); meanwhile reviewed by the editorial team.