Former Fochabers nurse’s care nightmare heads towards brutal deadline as ‘exhausted’ family left ‘high and dry’
The clock is ticking in a family’s desperate battle to secure a permanent care package for their elderly and ill mum.
Betty Sinclair (93) spent 30 years of her life serving the community of Fochabers and surrounding area as a much-loved community nurse at the village’s medical practice.
However, in July The Northern Scot was approached by her daughter and son, Elaine and Dave Crawford, who opened up about their battle with Health and Social Care Moray (HSCM - a partnership which includes Moray Council and NHS Grampian) to get the 24 hour care package - funded by Self Directed Support (SDS) - they feel Betty needs. SDS allows care recipients or their families to source their own care, receiving a regular payment towards this.
When Betty - who has Parkinson’s - came out of a four-month stay in hospital earlier this year after suffering a fractured hip and kidney failure in the aftermath of a fall, the SDS route seemed to be the best way forward for the 93-year-old. The £643 a weekly payment would be topped up by her pension and savings to meet the £1000 weekly bill for the carers identified through introductory agency Happy Home.
However, a shock was in store for Elaine and Dave when they were told by HSCM that they did not like people using introductory agencies as they had been “stung” before over tax and other complications which can arise when a carer is privately hired, depending on the terms of that employment.
A temporary care package approved by HSCM, which came in at around double the price of the preferred option, was put in place. For any chance of a permanent 24 care arrangement, the family were told they would have to sign a legally-binding disclaimer saying they would be liable for any fallout should there be tax problems or the like.
However, this was not to be the end of the matter as months dragged on with no disclaimer in sight. The document was supposed to have been with the family by July 7, a date which came and went to no avail.
While a disclaimer has now been provided, Elaine said the family has been left “high and dry”, believing that HSCM are not keeping their end of the bargain in terms of the rigid restrictions it places on them. She also feels the wording underscores suspicions she and her brother have regarding HSCM’s dislike of the care option they have chosen for their mum.
Elaine said: “About a month ago we had a meeting [with HSCM] and the disclaimer still wasn’t ready.
“We explained we were exhausted covering the breaks in mum’s care.
“They were going away to sort that out. We were told that disclaimer, when it came, was something we would be able to negotiate it.
“We had a meeting on September 25 and were told the disclaimer's in. It’s very, very robust, which we were told it wouldn't be, and we were told at the meeting that there is no negotiation in this now, it’s take it or leave it.”
The disclaimer itself has brought little in the way of joy to the family.
Elaine explained: “It basically says that, in our case, DJ [Dave], as a power of attorney, has to become the employer.
“Now, the company we wanted to use, which is an introductory agency, their terms and conditions, which the council were given, say that DJ pays the agency, the agency pays the carer.
“However, under the terms of the disclaimer, as the power of attorney he has to employ and pay the carer directly with all the legal risks and responsibilities that go with it.
“It should be straightforward. What happens just now is the council pay the care company and the company pays the carer - exactly the same as the introductory agency that we want to use. They'll pay the carer, they'll cover sickness and holidays, but for some reason, they [HSCM] do not want us using introductory agencies and they've worded it so that we can't.
“They've never wanted us to use the SDS payment this way. They've made it so that we can't, we're thinking.
“They were very clear right at the start, they do not use introductory agencies. At the meeting before last, we got this whole thing, ‘Oh, we want people to use it [SDS], it'll be up for negotiation’, all this nonsense, and then it comes in and it's like, you can't negotiate this, this is it. This clearly means they do not want people using introductory agencies, they don't want them using the SDS payment that mum's entitled to; it’s there to provide care tailored to the individual.”
If that was not bad enough, the family are now facing a care cliff edge in the middle of next month that could see Betty’s situation deteriorate even further.
Dave explained: “They're stopping the package on November 19, which means she'd either have to go back to council care.
“Mum was initially assessed whilst in hospital as requiring up to two carers four times a day, however this was never tried as we, as a family, did not think this would be enough at the time, which is why we were trying to source 24 hour care to ensure her care needs were met and she was safe.
“They’ve basically told us that until we decide on the disclaimer they can’t start to look at a care package for mum.
“This has put us under a bit of pressure, especially myself, having to sign or look through something that I'm not 100 per cent sure about, and that's why a solicitor needs to look through that for us. After the 19th, if there’s no care package in place, it’ll all be on us.
“All of a sudden HSCM seem to be moving the goalposts to suit themselves and we feel they are trying to rush us into something with this deadline hanging over our heads. They’ve basically washed their hands of us.
“Mum has thrived since she’s had 24 hour care and home is where she wants to be.”
The situation over the last few months has left the family “exhausted”, not just from covering breaks but with all the other responsibilities that go hand in hand caring for Betty.
He added: “Elaine and Bev, my wife, they're both in the care sector and I can see they're both out on their feet because they've been fighting for mum.
“We’ve been fighting for this since March.”
The family are also keen to hear from a solicitor who could help with examining the disclaimer - Elaine can be contacted on crawfordelaine977@gmail.com
An HSCM spokesperson commented: “The draft disclaimer is intended to ensure the family are fully aware of the issues, risks and responsibilities involved in choosing to arrange care through an introductory agency.
“We understand the family have questions and concerns about the process, and our social work team continue to work closely with them to address these and support the family in moving forward with their choice of care arrangements for Mrs Sinclair.”