Can you be forced into a care home?

Your family and friends cannot force you into a care home. Can Social Services force someone into a care home is a question with a more complicated answer. Everybody’s situation is unique and Social Services treats them as such. Some circumstances may require a person to move into a care home. This could be either permanently or for a short period. Below are some circumstances which might make it necessary for you to stay in a care home.

You need 24-hour care or supervision

A needs assessment will result in a plan for what type of care you need and how much of it. Some people with conditions such as dementia need round-the-clock care. If you cannot live with a family member and that level of home care is not practical financially then you may have to go into a care home in order to receive the care you need. So the answer to can Social Services force someone into a care home is yes, if assessment shows they need to.

You do not have the mental capacity to make decisions about your care

Mental capacity is the ability to understand, retain and use information to make a decision.

If you do not have mental capacity, perhaps due to your having later-stage dementia, a serious mental health issue or disability, then doctors and other health care professionals may work with your family to decide where is best for you. This may be in a care home.

However, you still have rights under the Mental Capacity Act 2005. You must be assumed to be able to make decisions unless proper medical assessment shows otherwise. Any decisions made for you must be with your best interests and preferences in mind. In the case that you have appointed a Lasting Power of Attorney for Health and Welfare then they will be able to make this decision for you; many people choose their partner or other close relative for this role. If you had not appointed them prior to losing mental capacity, they may still be able to win the right to choose for you through a deputyship order.

If your mental health problems make you a risk to yourself or others, you may undergo sectioning under the Mental Health Act 1983. Not everybody who is sectioned goes into hospital, some may be sectioned in a care home. The good news is that the local authority must legally pay for your care until you are well enough to no longer under section.

Respite care after a hospital stay

When an older person has stayed in hospital, it is quite common for doctors to discharge them on the condition that they go into a care home for a period of time. This is a form of respite care.

This is because the person’s needs have changed, so while they no longer need hospital care, they do need social care while they recover. An example of this might be that somebody has a fall and breaks their hip, while they have recovered from surgery in hospital they will have mobility problems for a few weeks so the doctor wants them to receive respite care in a home.

Funding problems

Many older or disabled people rely on funding from their local authority to pay for their housing and support. It is often cheaper to pay for residential care than for somebody to stay in their own home. As a last resort, councils may put you in a care home if it is the only financially viable way to ensure that you can still get the care you need.

If your care is being funded by local authorities, such as the council or the NHS, you still have the right to choose which care home you move into, as long as it is within budget.

You live in a rented home and need care

If you own a property, nobody can force you to leave or sell it (unless a court orders you to because of debt, crime or divorce).

However, there is currently no law that enables people to stay in rented homes and refuse care. The Equality and Human Rights Commission is pushing for a new Public Sector Inclusion Objective that will give older and disabled people the right to live both independently and as part of a community. This, they propose, will help to tackle cases of people feeling isolated or not in control of their own care.

David Isaac, chair of the EHRC, says: “We need a rethink on how we treat disabled people. That includes people with mental health conditions, and older people in this country. We hope that our call for action will result in a wider conversation. This right goes to the very essence of the sort of country we want to be. One where everyone has the support needed to live their daily life.

“The evidence shows that the rights of disabled and older people to live in their communities are at risk. Disabled people often feel like second-class citizens. Many sadly face little choice but to move into institutions. They are often left feeling ostracised.  We need a transformative solution that reaffirms our commitment to ensuring that everyone can live as part of their community where no one is forced out of the place they call home.

“We are confident that our solution will protect the right of many more people to live in their communities and we would welcome a national conversation to take our proposal forward.”

What can I do if a relative refuses to move into a care home?

It is understandably extremely worrying if you believe that your loved one is unsafe living in their own home. You don’t have the power to force them into a care home, unless you have Power of Attorney for Health and Welfare. In this case, you can make such a decision on their behalf. If you don’t have this, you can speak to your local council about arranging a care needs assessment and take it from there.