Does anyone know of any case law which defines when a trial period in a care home becomes a permanent stay? Social Services say that a decision was made at the 6-week review that the stay would be permanent, whether in that home or another one. The family say this was not agreed and that they are still prepared to look after the claimant at home if a suitable alternative cannot be found. The claimant wishes to return home. The family would need significant help but Social Services say they are unable to provide the care the claimant needs at home.

A couple of observations...

The "intention" (to return) must be that of the clmt - not third parties, be they professionals, relatives, or otherwise.

The "intention" must be realistic - a desire is not enough. So, if the clmt can't, in all practicality, return, the "intention" test is not met.

A combination of these two cases may assist and/or be of interest:

Sec of State v Selby DC & Bowman (2006)EWCA Civ 271
www.bailii.org/ew/cases/EWCA/Civ/2006/271.html

& CSHB/0405/2005 (para 30 - re "intention")

I would thoroughly endorse what Kevin has said.