The short answer
- There is no set length for a trial in lawEach home sets its own trial period, if it offers one, and it should tell you the terms before you commit. Ask for them in writing.
- Ask for the stay to be recorded as temporaryWhere the council is involved, a temporary stay with a plan to return home keeps the house out of the means test. A permanent stay counts it after 12 weeks.
- Where they live is their decision if they can make itAn adult who can understand and weigh the choice decides whether to stay or come home. If they cannot, it is decided in their best interests.
- Coming home starts with a needs assessmentAsk the council to reassess before the notice is given. Care at home on PrimeCarers costs £18 to £25 an hour, or from £1,050 a week for live-in care, with our fee included.
Written for families in England, where the charging rules below apply. This page sits under care at home or a care home, which sets the two side by side.
Ways to try a home
The ways to try a care home before anything is permanent
A trial stay is not a term the law uses. It is a way of describing a stay that everyone agrees is a test, and there are four ordinary ways to arrange one.
A trial period the home offers
Set by each home
A respite stay
A week or two, or longer
A temporary stay arranged by the council
After a needs assessment
Reablement in a care home
Up to 6 weeks, free
A respite stay is the gentlest of these, because nobody has to call it a trial. Your relative goes for a week or a fortnight while the family carer rests, and afterwards everyone knows more about the home than a visit could show. Respite at home or in a care home compares the two kinds of break, and how to fund respite covers what the council may pay towards it.
If the stay is meant to test whether a move should be permanent, say so to the home and to the council at the start. Homes and councils use different words for the same arrangement, and the word that ends up on paper matters, as the next section shows. If a move is already being planned, moving a parent into a care home covers the first weeks, and choosing a care home covers the shortlist, the visits and the CQC report.
The money and the house
How the stay is recorded decides how the house is treated
Where the council arranges the stay and works out what your relative pays, the charging rules sort every stay in a care home into one of three kinds. A trial belongs in the first or second, and should not be recorded as the third.
How the council records a stay
Three kinds of stay, and what each means for the money
A short-term stay
Up to 8 weeksA respite stay, or a short first try of a home.
- How the council may charge
- It can choose to charge as if your relative were still having care at home, rather than as a care home resident.
- The house
- Left out of the means test, as long as they mean to go back and the home is still there for them.
A temporary stay
Unlikely to go past 52 weeksA stay with a plan to return home. This is the label to ask for when the stay is a trial.
- How the council may charge
- As a care home resident, but with money left aside for the costs of keeping the home going, such as water rates and insurance.
- The house
- Left out of the means test while they intend to return and it is still available to them.
A permanent stay
No planned endRecorded once the plan is for your relative to live in the home.
- How the council may charge
- As a care home resident, with savings and income counted in the usual way.
- The house
- Left out for the first 12 weeks, then counted unless a partner or certain other relatives still live there.
Three rules worth knowing
- The temporary label has to be agreed with your relative, or the person acting for them, and written into the care plan.
- A stay that turns permanent is only charged as permanent from the date the care plan is changed and agreed.
- If somebody leaves a permanent place and goes back within 52 weeks, only the weeks left over from the first 12-week disregard apply.
The house is where the difference matters most. While a stay is temporary, the value of your relative's home is left out of the means test, provided they intend to go back to it and it is still available to them. The statutory guidance also says the council should leave aside the money needed to keep the home in a fit state for their return. Once a stay is recorded as permanent, the house is disregarded for the first 12 weeks and then counted, unless certain other relatives or a husband, wife or partner still live there.
That is why the wording matters. The statutory guidance says a decision to treat somebody as a temporary resident must be agreed with them, or with the person representing them, and written into the care plan. Ask the social worker to confirm in writing which kind of stay it is, and keep the letter. If the stay later becomes permanent, it is only charged as permanent from the date the care plan is changed and agreed.
Benefits change too. Attendance Allowance is not usually paid to somebody living in a care home whose care the council pays for, and the statutory guidance notes that it stops after 4 weeks of council support. If your relative pays the home's fees in full, they can keep claiming it. Tell the Department for Work and Pensions about the stay either way, and see Attendance Allowance for how it works. Local authority funding explains the means test and the capital limits of £14,250 and £23,250.
What to agree first
What to agree with the home before a trial begins
A trial goes better when everyone knows the terms before the first night. These are the questions to ask the manager, with the answers in writing.
Before the trial starts
0 of 8 ticked
The contract
The room and the fees
The council and the plan
Government guidance on consumer rights in a care home says a home should give you information about any trial period it offers, and about the circumstances in which a resident could be asked to leave, early enough for you to consider it before you commit. It also says a home should give a resident at least 28 days' written notice if it asks them to leave. Ask for the contract at the first visit, and read it at home rather than in the manager's office.
Keep the house ready as well. Leave the heating on a low setting in cold weather, keep the post collected, and read the home insurance policy for what it says about a house left empty, then tell the insurer about the stay.
Is it working?
How to tell whether the stay is working, starting with what your relative says
The first days in a new place can be unsettling, so give it time before judging. Then look at how they are living there, and listen to what they tell you, on good days and on bad ones.
Signs the stay may be suiting them
- They talk about people in the home by name, staff or residents
- They are eating, sleeping and taking their tablets as well as at home, or better
- They join in with some of the day, even if it is only one thing
- They say they feel safer, or less lonely, than they did at home
- Staff can tell you specific things about their week when you ask
Signs to talk through with the home
- They ask to go home on every visit, and the asking is getting stronger rather than fading
- They have lost weight, stopped walking or become more confused since arriving
- They spend most of the day in their room and do not want to
- Staff answer your questions in general terms and cannot say how they are doing
- Small problems you raised in the first week are still not sorted
Ask your relative in a calm moment and in their own words: what they like, what they miss, and whether they could live there. Write the answers down with the date, because they change, and a record of several conversations is fairer to them than the one you remember best. If they are living with dementia, notice what they seem to feel as well as what they say, and ask staff what the evenings are like, since those are hours a visiting family may not see. When someone with dementia refuses care covers the conversations that are hardest to have.
Where the council arranged the stay, the statutory guidance says a light-touch review of a new care plan should be considered six to eight weeks after it is agreed. Ask for one before the trial ends, whatever its length, so the decision is made with the home, the social worker and your relative in the same room.
Who decides
Who decides whether they stay or come home
Families sometimes disagree at this point, and it helps to be clear about whose decision it is in law. The Mental Capacity Act 2005 answers that question for England and Wales.
If they can make the decision
The choice is theirs
If they cannot make the decision
Best interests
Capacity is judged decision by decision, and at the time the decision is made. Someone with dementia may be able to decide where they live on a good morning, and the law says all practicable steps must be taken to help them decide before anyone concludes that they cannot. Mental capacity and how it is assessed explains the test, and can an elderly person be forced into care sets out the narrow situations where someone can be moved against their wishes.
A best interests decision is not a family vote. The people close to your relative must be consulted, and their views weighed, but the decision rests with the person making it, who may be a social worker, a doctor or an attorney. If brothers and sisters see it differently, when siblings disagree about a parent's care covers how to keep that from stalling everything.
Coming home again
Coming home again: the steps, and what care at home costs
Coming home is not always possible and it is not always the better answer. It depends on what your relative needs now and whether that can be met in their own house. Where it can, these are the steps, roughly in order.
- 1
Ask the council for a needs assessment
Before the notice is givenThe council must assess anyone who appears to need care and support, whatever their savings. The assessment sets out what care at home would need to cover, and whether the council will contribute. - 2
Check the house is ready for them
A week or two beforeHeating, hot water, a working fridge and a clear route from the bed to the toilet. Think about which room they will sleep in if the stairs have become harder. - 3
Get equipment in place
Before the first nightAn occupational therapist from the council can look at the house. Equipment and minor adaptations the assessment says they need, costing under £1,000 each, are free from the council. - 4
Arrange the care and meet the carer
Before the notice endsDecide between visits and a live-in carer from the assessment, then talk to carers and agree terms before the home's notice runs out, so there is no gap. - 5
Give the home notice in writing
As the contract saysGive the notice set out in the home's contract, and confirm the leaving date, the return of any deposit and the final invoice. - 6
Review after the first fortnight
Once they are homeThe first weeks show whether the hours are right. Adjust them with the carer, and ask the council to review if needs have changed.
The care needs assessment guide explains how to ask for one and what happens at it, and the right equipment to aid the elderly covers rails, frames and bed equipment. Plan the day of the move as well: who collects them, who is at the house, and what is in the fridge.
If the care at home will be visits, hourly care covers how a week is built. Carers on PrimeCarers charge £18 to £25 an hour with our fee included, against £28 to £35 an hour through an agency. If your relative needs somebody in the house through the day and night, live-in care runs from £1,050 a week on PrimeCarers, typically £1,120, with our fee included. For comparison, a residential care home place averages around £1,160 a week, which is not our price. Before you give notice at the home, you can search for carers near you and compare their rates, and message the ones who look right.
Questions
Questions families ask about trial stays
There is no length set in law. Each home decides whether to offer a trial period and how long it lasts, and it should tell you the terms before you commit. For the council's charging rules, a stay of up to 8 weeks is short-term, and a stay with a plan to return home that is unlikely to go past 52 weeks is temporary.
Not while the stay is temporary, as long as she intends to return and the house is still available to her. If the stay is recorded as permanent, the house is disregarded for the first 12 weeks and then counted, unless a partner or certain other relatives live there. Ask the council to confirm in writing which kind of stay it is.
Yes, if he can make the decision and chooses to, although whether it works depends on what he needs and whether that can be met at home. Ask the council for a new needs assessment first, then give the notice the home's contract sets out. If he later goes back to a permanent place within 52 weeks, only the unused part of the first 12-week property disregard applies.
Not quite. Respite is arranged as a break for the person who does the caring, with a date to go home agreed from the start. It can still show your relative what a home is like without anyone calling it a trial. Respite at home or in a care home compares the two settings.
If your relative can make the decision, it is theirs, and the family's job is to give them the facts. If they cannot, the decision is made in their best interests by the person responsible for it, who must consult the family and consider your relative's own wishes. How capacity is assessed explains the test.
You can end visits you have booked with a carer by giving the notice in the contract, which is 48 hours for hourly care. The contract does not oblige a carer to keep their time free for you afterwards, so if you hope to go back to the same carer, ask them whether they can hold the time and agree it with them.
