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Choice of accommodation

The freedom to decide where one lives is usually determined by the individual and is rarely interfered with by the State. This article explores the extent of the individual''s right to choose their residential or nursing care, particularly where they are receiving state provision, and expands on some of the important issues raised by Anne Edis in her article on home closure in Volume 6, issue 3 of this Journal.

12 July 2001

– the current position

The freedom to decide where one lives is usually determined by the individual and is rarely interfered with by the State. This article explores the extent of the individual’s right to choose their residential or nursing care, particularly where they are receiving state provision and expands on some of the important issues raised by Anne Edis in her article on home closure in Volume 6, issue 3 of this Journal.

In practice, arises in two ways. The first is for those who are about to go into a residential or nursing care home and the second is for those who are already in a care home and either the home is to be closed or the home’s proprietor no longer wants to be tied to the contract rate paid by the local authority or health authority.

Going into a care home

Provided the individual has sufficient income and capital and the resident is not determined to need Part III accommodation under the Natio...

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