The department of health has warned Kent council it does not have the power to place people in nursing homes in Europe, writes Sally Gillen.
The council is considering buying nursing home beds in France, Spain and Belgium because it cannot afford UK fees. But under the National Assistance Act of 1948 local authorities do not have the power to place people in residential care outside England and Wales.
A doh spokesperson said: "Local authorities do not have the powers to place people in residential care abroad. In England and Wales, older people should be given the option to choose where they want to stay, and where their health, well being and independence can be best maintained. This usually means placing them in a home as close as possible to the community of which they are a part."
But Oliver Mills, director of operations at Kent social services department, said: "We want to reassure people that we are only exploring the idea and we will continue to do so. We have a crisis and are being forced to do this."
Paul Burstow, Liberal Democrat shadow minister for older people, described the move as "another symptom of the strains being placed on the care sector".
"The government is failing to address the severe problems that are facing residential and nursing homes, particularly in London and the south-east."
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02 October 2008
Private Member Bills
25 July 2008
Government Legislation
25 July 2008