Local authorities across Wales are looking over their shoulders to try and avoid being taken to court over care home fees.
The care of vulnerable people has been “chronically underfunded” for years, according to Care Forum Wales which represents more than 500 independent care providers.
But they believe they are beginning to see a change in attitude from some local authorities worried about the possibility of being subjected to Judicial Reviews in the High Court.
Conwy councillors recently voted to increase payments to private residential and nursing homes.
They are upping payments from £346 to £448 per elderly resident per week to private care homes – an increase of 29.5 per cent.
Payments to homes for elderly and mentally ill residents (EMI) will be raised By 8.1 per cent from £442 to £478.
Nursing home costs will also go up from £561 to £598, and EMI nursing home patients from £603 to £637.
Their decision followed a Judicial Review which forced Pembrokeshire County Council to recalculate its payments to care homes for supporting elderly and vulnerable residents.
Now there are two more Judicial Reviews in the offing at the High Court in Cardiff.
A second case involving Pembrokeshire care homes taking on the county council again will be held on November 15 and 16 while a three-day hearing involving Neath Port Talbot Council will start on November 21,
Mario Kreft, the Chair of Care Forum Wales, said: “The past few years have been difficult economically for everyone and it’s posed massive challenges for the social care sector because we’ve seen year on year chronic underfunding.
“At the same time we are faced with higher general costs, higher regulatory costs, inflation and significant increases in dependency – so in a way it is like the perfect storm.
“Commissioners are regulators are taking no account of the cost of providing quality. The driver is and has been for many one of cost and not quality.
“Unfortunately, a number of local authorities have not been paying proper heed to Welsh Government guidance or adhering to their legal responsibilities.
“The sad fact is that the care home fees and domiciliary care fees are not and have never been a priority for local authorities – even though the care of vulnerable people is a statutory responsibility.
“There is statutory guidance from the Welsh Government and all too often this is ignored.
“Care Forum Wales has always seen the partnership agenda as being the way forward to provide quality services.
“I think it’s fair to say that the provider in Pembrokeshire who had the guts to take on the might of the local authority has changed the landscape.
“There is a different narrative now and we are starting to see local authorities look over their shoulders and do what they can to avoid a Judicial Review.
“Gwenda Thomas, the Deputy Minister for Health and Social Services, is working hard to promote the concept of the Memorandum of Understanding to get people working collaboratively.
“We’ve seen the benefits from that in Conwy where they have been working collaboratively for some time.
“Our full-time professional advisors have been on the patch working with members, and it’s about changing hearts and minds.
“The increases in Conwy are still well short of the figures that the toolkit, agreed some years ago by the care sector and the Welsh Local Government Association, might give you but it is a step in the right direction.
“The toolkit was agreed some years ago but it came up with figures that they did not like.
“Unless other local authorities take heed there will be even more Judicial Reviews because hard-pressed providers have nowhere else to go. They are between a rock and hard place.
“The Welsh Government quite clearly want the independent sector to provide services, but those services are largely funded by public money.
“They want to see a public services ethos and Care Forum Wales is signed up to that.
“The Welsh Government is preparing a new Social Services Bill that is going to provide a Welsh solution to the whole dimension of social care in Wales.
“If we all work collaboratively this is a great opportunity to improve social care services in Wales for the people on the receiving end of the care that we provide. They must be at the heart of everything we do.”
