Local authorities have no power under s21 National Assistance Act 1948 to make cash payments to asylum seekers. The local authority’s stock of residential accommodation was more suitable for the needs of elderly people and people with mental health problems. It had therefore sought to accommodate asylum seekers in bed and breakfast hotels and hostels, supplying cash payments to enable them to buy meals other than breakfast, toiletries, and other incidentals. The court held that, although the local authority could supply the provisions in kind, giving the applicants cash had left them to make their own arrangements and was therefore not a way of fulfilling the duty to “make arrangements for providing…”. The making of cash payments lay outside the statutory purpose of s21.
CASCAIDr’s free materials today focus on Challenging segregation in long stay psychiatric hospitals, please donate to keep us going! To make the PowerPoint open in a new, larger window, please click the button in the bottom right corner with the 4 arrows. Please donate using the link in the first page of the presentation. Thank […]
CASCAIDr’s free (second of two, on day 7) materials, Children’s mental health services and care planning before or after admission, please donate to keep us going! To make the PowerPoint open in a new, larger window, please click the button in the bottom right corner with the 4 arrows. Please donate using the link in […]
CASCAIDr’s free (first of two, on day 7) materials on Reforms to Care Planning and Why We Need Inputs and Not Just Outcomes, please donate to keep us going! To make the PowerPoint open in a new, larger window, please click the button in the bottom right corner with the 4 arrows. Please donate using […]
CASCAIDr’s free materials focus on S117 Mental Health Act aftercare and access to housing with specialist supervision, please donate to keep us going! To make the PowerPoint open in a new, larger window, please click the button in the bottom right corner with the 4 arrows. Please donate using the link in the first page […]
CASCAIDr’s free (second of two, on day 5) materials focus on s117 aftercare, please donate to keep us going! To make the PowerPoint open in a new, larger window, please click the button in the bottom right corner with the 4 arrows. Please donate using the link in the first page of the presentation. Thank […]
CASCAIDr’s free (first of two, on day 5) materials, Breach of the Code of Practice regarding care plans, please donate to keep us going! To make the PowerPoint open in a new, larger window, please click the button in the bottom right corner with the 4 arrows. Please donate using the link in the first […]
CASCAIDr’s free (day 4, 2nd part) materials on restrictive practices in hospital, please donate to keep us going!To make the PowerPoint open in a new, larger window, please click the button in the bottom right corner with the 4 arrows. Please donate using the link in the first page of the presentation. Thank you!
CASCAIDr’s free (first of two, on day 4) materials on challenging use of force and restraint in mental health units, please donate to keep us going! To make the PowerPoint open in a new, larger window, please click the button in the bottom right corner with the 4 arrows. Please donate using the link in […]
CASCAIDr’s free (day 3) materials on patients’ advice & information rights when detained in hospital, plus why CTR policy on consent and information sharing needs urgent attention, please donate to keep us going! To make the PowerPoint open in a new, larger window, please click the button in the bottom right corner with the 4 […]
Today’s Access to Justice materials look at article 3 claims arising out of psychiatric services – please donate to CASCAIDr to enable us to continue our work. To make the PowerPoint open in a new, larger window, please click the button in the bottom right corner with the 4 arrows. Please donate using the link […]
What will I learn from this course? We will study 13 topics within the Care Act – please see full list below – using past and current case law, and delving into case studies and reading links. We will look at examples of how 1 Introduction and sorting out Learning Circles 2 Advocacy, Involvement, Participation […]
or get your customers’ direct payments put up, so that you can implement a fee increase? We’re launching a public information drive to improve the value of Direct Payments for adults’ social services (care and support) clients, by teaching people how to get the council to put the rate up. Direct Payments have spiked in […]
Do you want to learn more about charging law – and actually apply it to real people’s charges, under supervision? We’re launching a campaign to improve the Disability Related Expenditure part of councils’ care charging policies, nationwide … and get some money back for hundreds of people, in the meantime. Charging law is changing, and […]
“1.21 As set out in the Act, the local authority must consider whether the person’s needs are being met in whole or in part by an informal carer. Care needs met by a carer, as defined by section 10 of part one of the Act, are not eligible care needs, and therefore do not count […]
CASCAIDr is both a strategic and frontline specialist advice organisation, empowering the practical enforcement of legal rights, whilst enabling alternative approaches to dispute resolution. We enforce and clarify social care rights, undertake public education after successful court/LGSCO rulings, and collaborate widely within the sector. Our 2017 launch stemmed from both a faith in using law […]
….. to less than is thought professionally to be appropriate or needed – and explaining why Covid Easements need to be re-introduced to authorise “rationing” under the Care Act, unless the DHSC is resigned to people suing councils for restitution (money spent by others or for work done in lieu) or complaining about harm. We suggest you copy […]
Decision Date: 24th November 2020 What Happened Mr and Mrs X complained on behalf of their daughter, Ms Y. Ms Y had been in receipt of care for many years. After the Independent Living Fund was ended in 2015, the Council took over funding and provision of care. There is no detail as to whether […]
Decision Date: 23rd November 2020 What Happened Miss X and Miss Z complained on behalf of their mother, Mrs Y, for whom they both held Lasting Power of Attorney for health and welfare. Mrs Y had a Care Act assessment in March 2019 which identified that she should be referred for a pendant alarm, a […]
By publishing key points from the Advice received from Zoe Leventhal and Emma Foubister, counsel who acted for SH in the Norfolk case, CASCAIDr hopes to help many others who may be in a similar situation and experiencing discrimination that may be unlawful, regarding their care charges. You can read the advice in full, here: […]
This Spring, to signify emergence from dark times, CASCAIDr is investing in training up members of the public – and people working in health and care – to embed a culture of legal awareness of community care law – in readiness for the further integration of health and care – and maybe even a review […]
In 2020 we got off to a good start, pointing out to Dominic Cummings, in a letter delivered to his London address (not Barnard Castle…) that councils probably owed £150m to people by way of restitution for non-compliance with the Care Act. The Court of Appeal had made financial reimbursement (for money spent or labour […]
Decision Date: 23rd July 2020 What Happened Mr F complained on behalf of his mother, Mrs G. Mrs G had been receiving privately funded care at home. In October 2017 she suffered a fall and was admitted to hospital with a fractured arm. On the 9th October Mrs G was admitted to the rehabilitation unit […]
DOESN’T IT MAKE YOU CROSS!! That boy is playing out during lockdown again, where are his irresponsible parents? Well, he’s got learning difficulties and many other problems one can’t see; he can’t be kept indoors for his own safety and for the mental wellbeing of his mother and himself, he needs that time outside. See […]
[YOUR HOME ADDRESS] [YOUR POSTCODE] [HOSPITAL CEO’S NAME/CARE HOME MANAGER’S NAME] [HOSPITAL TRUST’S/CARE HOME’S NAME] [HOSPITAL’S/CARE HOME’S ADDRESS] By email only to: [CEO / CARE HOME MANAGER’S EMAIL ADDRESS] (IF A HOSPITAL, google ceo of trust email. It can usually be found at www.ceoemail.com) [IF A HOSPITAL – PALS EMAIL ADDRESS] (google PALS email address of hospital […]
Many might say we are suffering from one of the worst outbreaks in living memory, as people are forced to say inside, and are losing income. One’s approach to social distancing as the weeks go by may well depend on one’s age and personal circumstances, and relationships with others who are vulnerable – it may be relaxed or […]
There’s been some pretty poor reporting, in the specialist and general press and online, of the outcome of the dispute between the Competition and Markets Authority and Care UK, a large care home company, over fees charged to residents entitled to Continuing NHS Healthcare, a funding status that obliges the NHS to pay for the […]
Every year we raise money for the London Legal Support Trust – which supports voluntary sector organisations which provide legal advice about welfare law. And that includes us, of course – so helping the LLST, helps us – and we really appreciate whatever you can donate this year. Normally we walk a long, long way, […]
Decision Date: 24/03/2020 What Happened Mr X complained on behalf of his late father, Mr Y. The Council had been Mr Y’s deputy for financial affairs since 2016. Mr Y owned a retail business property which was let to Mr Z. Mr Y lived in a care home, as a self-funder (judging from the report), […]
Decision Date: 22/08/2019 What Happened Mrs X complained on behalf of her daughter, Miss Y. Miss Y had severe learning disabilities, and Mrs X was the appointee for Miss Y’s benefits. In September 2014, when she was 17, she moved into a 24 hour support living facility. When she turned 18 (October 2014), the Council […]
Transitions Transition is about the transfer of a child from children’s services to adults’ social care services when or around the time they turn 18. The two types of service are governed by different statutes (laws) and even the health service treats children’s health and mental health services differently to the way in which adults’ […]
R (on the application of JG) v London Borough of Southwark [2020] EWHC 1989 (Admin) Case Background JG is a profoundly disabled young woman who requires care and supervision with all aspects of her daily life She was receiving care at home, by her parents and a team of paid carers funded by Southwark LBC. […]
“What would you suggest are the best options to continue learning from you and working with you? I have been so empowered by that one meeting, I want to learn more and implement.” KM
To the duty worker for Direct Payments My [relative/friend/partner] (who has confirmed that I am authorised to write in on [his/her] behalf) has a sizeable personal budget, from the council, based on assessed eligible needs for personal care and other services at home; it is paid as a direct payment and used to employ [one/two/three] […]
Decision date: 26/02/20 What happened Ms Y is an elderly lady who was receiving care in the Elderly Mentally Infirm (EMI) section of a Council-funded care home (Care Home A, a residential care home). She went into hospital in 2019 where the NHS agreed to provide the Funded Nursing Care (FNC) element for a nursing […]
What Happened This case involved two adult men (A and B), aged 25 and 32, with severe physical and learning disabilities who lived with their mother (X). A and B had extensive night time care needs. They needed to be repositioned numerous times to avoid pressure damage, and it was assessed in a 2017 care […]
“CASCAIDr have provided me with invaluable support in constructing and articulating a case for consideration by Social Services in a council which for a considerable period of years have not followed the law as laid down in the Care Act or used established protocols and procedures necessary to ensure that my son’s Care Assessment, Support […]
The London Legal Support Trust has helped US out, in the Covid-19 Crisis, and we really want to give something back. So, CASCAIDr caseworkers and volunteers are walking for justice, in their own gardens, or in a public garden, for 10,000 Steps for Justice. This is not directly for CASCAIDr (because we hope to do […]
CASCAIDr’s CEO Belinda Schwehr was delighted to do a Q&A on the possible link between deaths in care homes and the primary agenda of the government of saving lives by protecting NHS capacity, as the guest of Sophie Chester-Glyn’s CoProduce Care. You can see the video by clicking here and download a transcript here, below, […]
PLEASE do DONATE TO CASCAIDr, during Covid-19 – for the continuation of legal framework ANALYSIS: every little helps! Our donation button is on the right of your screen… We’ve done this post, because the number of Ombudsman’s findings of non-compliance with the Care Act, as we know and love it, over the last year, suggests […]
“I donate for the knowledge, and it’s still cheaper than The Telegraph’s All Digital Access per year, The Times per year,The Guardian for a year and having tried the newspapers vs CASCAIDr, the choice is clear to many – thanks, PK.”
The LGSCO has published this guidance in the first week of May 2020, having closed to complaints in March. The LGO covers most local government functions, not just social services, but CASCAIDr has looked at the guidance from the Adult Social Care perspective, because that’s the focus of the charity, both before and during Covid-19 […]
CASCAIDr’s CEO Belinda Schwehr was delighted to do a Q&A on the detail about the Care Act easements, as the guest of Sophie Chester-Glyn’s CoProduce Care. You can see the video here, and download a transcript here, but please do consider donating to CASCAIDr’s survival during the Covid-19 period, via our button on the right. […]
What Happened A 38 year-old Polish national was admitted to a psychiatric ward in 2019 having been found partially clothed and wandering outside. Her medical records showed an extensive history of mental health issues, and led to a conclusion that she was not fit to be detained and should instead be taken to hospital. In […]
CASCAIDr’s written a guide about going to hospital, visiting, getting a ventilator and getting out of hospital for people who run care homes and the wider public, for reference and use during the Coronavirus crisis. We’ve done this because of the concern nationwide that people in care homes are not only getting ill, but also […]
In this case, the NHS Foundation Trust applied for an interim injunction on behalf of one of the hospitals it operated, the National Hospital for Neurology and Neurosurgery (a 12-bed ward for those requiring acute neuropsychiatric care for up to 14 days where the patient’s stay could be extended to 28 days in extreme circumstances). […]
Decisions London Borough of Newham (17 017 876) 19/09/2018 https://www.lgo.org.uk/decisions/housing/homelessness/17-017-876 The Council wrongly told Ms B that it could not provide interim accommodation until it had carried out a home visit, to confirm that she was homeless. London Borough of Newham (17 001 635) 11/12/2018 https://www.lgo.org.uk/decisions/housing/allocations/17-001-635 Miss B complained the Council unreasonably withdrew an offer […]
Under the Coronavirus Act, it IS now open to councils – and may well already be necessary – to use the normal legal framework duties as powers only, and to prioritise service provision on the basis of severity or imminence of need only, abiding by human rights. The problem now may be the sheer shortage of staff and services, not the money, any longer. […]
As promised, CASCAIDr’s translation or ‘alternative’ interpretation of DHSC’s guidance on the Care Act modifications. Click here to view the document. If practitioners and public want more like this, you need to donate whatever you can, on our button on the right, please, or here: https://bit.ly/2QZZyDc otherwise CASCAIDr can’t continue to function and won’t survive […]
In the last few days, CASCAIDr has been covering human rights in the context of adult social care, on social media. Examples have touched on policies or resources difficulties which have seen carers doing the council’s job for a variety of reasons, varying from not knowing that there is no legal obligation to take on […]
Decision Date: 18th December 2019 What Happened Mrs B complained on behalf of her husband, Mr B. Mr B received three visits a day from care workers. The last visit of the day was scheduled at 9pm, to help him get ready for bed, which involved using a hoist to use the toilet. Mrs B […]
CASCAIDr – the All Adults’ Care and Health specialist legal advice charity – is compelled to go into a different mode for the duration of the Coronavirus crisis. Advice charities are not getting any hint of financial support, and small charities will become insolvent very quickly, it is feared. In all honesty, we can’t hope […]
CASCAIDr wants to support councils to excel at this very difficult time. We know that social work staff did not sign up to do the minimum for vulnerable adults. And we fervently hope to see a new approach to the value of social work and social care, after the virus is beaten, across government and […]
The provisions of the emergency legislation passed into law on 25 March 2020 and allow for suspension of all the mainstream duties in the Care Act, downgrading them all into powers – other than in the one situation, where meeting needs is necessary to avoid a breach of human rights. Regulations were passed on 31st March […]
Statutory guidance states that local authorities must ensure that all frontline staff have general autism awareness so staff can identify potential signs of autism, understand how to make reasonable adjustments in their behaviour and communication. The Autism Act 2009 required the government to produce statutory guidance for NHS and local authorities on working with autistic […]
Upheld 02/10/2019 What happened Miss A had been compulsorily sectioned for a mental health condition and received free aftercare under S117 Mental Health Act from the Council for a placement in a care home. In 2015, the care home closed and Miss A then moved to supported accommodation for people with mental health conditions. Ms […]
SUBJECT MATTER covered by this year’s referrals: Challenges to Assessments – including non-eligibility findings, un-evidenced assumptions about carers’ input and decision-making without regard to advocacy rights Challenges to Care Plans – cuts, delays, lack of care plan transparency and decisions relating to accommodation versus homecare; people being told to spend their own money on conventional […]
Decision Date: 30th September 2019 What Happened Mr B complained to the Council on behalf of himself, as a carer, and his mother, Mrs C. Mrs C was an elderly lady, who suffered from several health problems. She needed help with personal care and often to mobilise. She was also at risk of falling from […]
Date of decision: 26 Sep 2019 What happened Mr B complained about the way Westminster City Council (the Council) dealt with his homelessness case. Readers may well recognise the issues of delay and people being passed from pillar to post: these issues are commonplace, and regarded as inevitable, by most councils, these days. But the […]
Beth’s parents were never seen as partners in the care of their daughter and over time have moved to a combative position as a consequence of lack of involvement, acknowledgement and voice. The lack of diagnosis for Beth, meaningful intervention and management set Beth on a pathway that was foreseen as poor and ended inevitably […]
… is a fantastic judgment from the Court of Appeal (announced 3 October 2019) about the parallel statutory duties owed by a local authority under the Care Act 2014 and the Children and Families Act 2014, and the overlapping Tribunal and JR routes to a remedy for breach of these Acts. Fundamentally, the Court held […]
The First-tier Tribunal has ruled in favour of the Care Quality Commission’s (CQC) decision to refuse an application submitted by Lifeways Community Care (Lifeways) to vary a condition of its registration as a care home provider. Lifeways (a care provider looking after people with complex care needs, including those with a learning disability, autism and […]
This case concerned the application of one of the criteria for Personal Independence Payment: ‘Engaging with other people face to face’, a type of need that occurs most commonly amongst those with mental health needs and/or neurodevelopmental conditions (such as Autism). This update to our original case write-up, added in late 2020, refers people to […]
Having taken some time off from managing the flood of referrals received weekly about dodgy practice in adults’ social work, to read Mr Feldon’s article, in Community Care, my jaw dropped. It doesn’t feel as if nobody’s complaining, HERE! However, on a more careful reading, it may just be that it’d been inappropriately edited with […]
Unmet Needs: Improper Social Care Assessments for Older People in England Headline report conclusions “Older people in England are at risk of not getting adequate assistance to live independent, dignified lives due to uneven assessments for social services.” Some said that assessors appeared not even to understand their disabilities and support needs. In other cases, […]
How many of CASCAIDr’s first year’s 200 or so clients were … So, please donate to keep us going into a 2nd year and beyond, by clicking on: DONATE to CASCAIDr What have been the OUTCOMES, for some of CASCAIDr’s most successful clients? Threatened cuts to people’s packages, services or budgets, have been cancelled or […]
This post is for flagging up that there is a much easier way of challenging a local authority’s actions or decisions, policies or practices, than complaining, and it’s not widely publicised. The people responsible for managing this system don’t even agree about its scope, but that doesn’t mean that the words in the statute don’t […]
…They hadn’t received the letter at that point, so I gave them a copy to read. They left, after almost 2 hours, agreeing to reinstate J’s support after just leaving it for 3 months
“The support you have provided has been fantastic, regardless of the outcome. I do not believe I would have even been able to get this meeting arranged and I have learned so much.”
Many thanks. We managed to persuade them to change their minds ! The various letters from the doctor and mental health made a huge difference, and it was very helpful to have an understanding of the legal background. I will be passing your details to other individuals/complementary organisations who I think would really benefit from […]
“Clearly [the LGO] has changed the report significantly as a result of the previous feedback. Looks pretty much like we have everything significant found in our favour. Thanks for all your help.”
“The meetings with the CCG and LA went well, and the fees are under renegotiation – they have accepted many of the proposals you suggested we put forward, and we are now down to discussing the last few points! So far so good…thanks for all your help!”
CASCAIDr has assisted a woman who was told to move her mother by the end of the week, without any assessment of the impact, once her capital depleted, if there was no top-up, to flag up 11 legal reasons why that was simply indefensible. The council is dealing with the matter, apparently, and the private […]
After grinding away for over 18 months, after CASCAIDr advisers spotted that the Disability Related Expenditure part of the financial assessment was flawed, £1500 of so-called charging debt has been written off, implicitly acknowledging that the man’s spend on technological aids was something that had to be allowed for.
Under the threat of Judicial Review, on which CASCAIDr assisted, a Council has now agreed to complete a full care and needs assessment of x’s needs, produce a care plan, not make any reductions to her care package pending completion of both, and carry out a review before Xmas….
JP was awaiting services for a brain injury for 12 months. His partner/carer complained successfully to the LGO about Care Act delays and omissions. His care manager said that care packages were capped at £700 a week, meaning his partner could not return to work. A few legal letters later from a #CASCAIDr adviser, and […]
A woman receives care at home from nurses funded by CHC from the CCG and a parent. On CHC review, disputed DST domain scores were decided by the Panel itself, and the Rationale was not signed. Her mother was called ‘disrespectful’ when she flagged up the breach of the National Framework! Input from a @CASCAIDr […]
A man’s parents shared his care with a care home but have frequent difficulties re handling of injuries, risks, handover and supervision. He has no written care plan from the CCG but it has been suggested that his parents should sign a ‘communication contract’! Input from a @CASCAIDr adviser flagged up that a CARE Act […]
A care home contracted to a CCG gave a young woman 4 weeks’ notice after caring for her for 9 yrs despite owing art 8 obligations under the Human Rights Act (like all homes with publicly funded clients). She is now being helped to move on to supported living. CASCAIDr’s advice helped prevent eviction and […]
Parent deputies got a £2K bill for 2 yrs jointly funded past respite for this young man. DWP benefits had covered his share of household bills (reimbursed as necessaries) and items that were arguably DRE. Retrospective charging CAN be lawful, in certain case, BUT CASCAIDr flagged up that the agencies’ inability to trace any rationale […]
Devoted parents had ultimately lost the care of this young man over a dispute about £10K charges for earlier care. A previous JR had led to a consent order with no MENTION of charges but the man’s mum was removed as deputy, and safeguarding proceedings were started. CASCAIDr advice was that s2 LGA negated the […]
If someone goes completely blind and then later deaf (it happens) s/he can become completely dependent on technology, human help and courage to get through daily living, although remaining fully mentally capacitated. CASCAIDr has helped a man in that situation challenge his council for not reviewing his needs since the Care Act (2015); not providing […]
A man living in Shared Lives accommodation but his carers suddenly needed him to move on, in view of the severe illness of one of the couple. He’d also been excluded from a local day opportunity because he was unsettled, and the council needed to be galvanised. CASCAIDr’s advice to the man’s mother led her […]
A woman has 24hr care in her home as a tenant, in a care package not reviewed for YEARS. The council had agreed ages ago in writing not to change her package without her consent, but wanted to re-assess now and use ‘Just Checking’ to record movement at home. CASCAIDr’s advice has secured acknowledgement of […]
A parent with a severely disabled adult daughter found everyone agreed that the council’s arrangements weren’t working – but nobody seemed to be doing anything about it. The parent was sent hither and thither to look at hopelessly inadequately provisioned settings and told No, regarding a placement that WAS apparently suitable – with no other […]
After advocates’ support, the council was persuaded to use its discretion to take out deputyship and appointeeship as appropriate services to meet needs – they were facilities or support for Care Act purposes, to meet needs related to maintaining a habitable home. Return to main CASCAIDr homepage
A charitable care provider is told that the council will put in a roving 2 man team for waking night observations for their clients, if the provider won’t drop the fee; the provider is delighted as it had not been getting paid properly for the night time service anyway, so said to the council that […]
An elderly man with capital now below the threshold for a financial subsidy and commisisoning from the council is told that his relatives will have to pay a top up if he wants to stay in the home that he originally chose when self funding. After all other attempts at referring the council to the […]
A young woman’s parents were told that she could only have a service if she moved out of their home into a shared care setting. After her human rights were mentioned, and the Perry Clarke case was referred to, the council accepted that it wasn’t possible to make their help conditional upon the client moving […]
A long-standing client with learning disabilities was suddenly found ineligible at the first post-Care Act re-assessment because assessor had looked at her needs after the support she was already getting from direct payments funded carers, and didn’t bother asking about a couple of listed outcomes at all. A pre-action protocol letter from a solicitor to […]
An exhausted carer asked a council for a carer’s assessment and was found eligible – but offered only a small sum of money as the Take it or Leave it Response. He wanted a service, not extra money. He wanted some help with the cleaning, and didn’t want to employ or supervise a cleaner. After […]
Her presentation and questions answered were as though they were for me personally, I could identify with all she said, I am so grateful for what she and Cascaidr are doing for people like me and my family. Thank you
…this is incredibly good value. We’ve seen the depth you go into for what I thought would be a ‘light touch’ overview course, so I’d expect this new project would be the campaign equivalent of a scudmissile….
Thank you so much for responding. The detail is phenomenal. I know exactly where we stand. I appreciate your knowledge and guidance and feel far more informed and confident.
I wanted to thank you again and let you know that we managed to rescue mum from the care home after a struggle with Adult Social Care. Without your help this simply would NOT have happened. I owe you a debt of gratitude I cannot pay.
I have been really enjoying the course, it’s required a lot of commitment due to all the reading but it’s really been helpful and the way you have split it up into sections has made it more understandable. I’ve found it incredibly interesting and pitched at the right level for me I believe the design […]
It’s hard to express my gratitude for yours and your colleague’s help with this, we feel so alone and exhausted by it all and worried about our sister’s future and you have given us a much needed injection of confidence and clear thinking for which we shall be forever grateful.
CHC/CCG are now working together with G’s clinicians to get him back home promptly with the right care package. I am so elated. I cannot thank you enough for your counsel. I would not have got this far without your help and kind support. Thank you! I am not sure what I can do for […]
You have provided us with a great deal of information and advice which I’m sure will be of immense use. Not only did you respond immediately with the best advice we’ve been given to date, but you have helped to renew our determination to ensure our mother receives the best care.
All the best and thank you for your untiring work unravelling the beastly complicated and twisted regulations for better understanding by us lay people
Thank you so much for the help and the recommendations. I will definitely recommend your charity to other parents……People like you and your charity make a lot of difference to children, adults and their families. Your answers made me feel there is hope and that in itself has helped me to fight on!
“Our phone call and your advice was exceptionally useful and something of an alarming wake-up call, for which we are most grateful. And thank you for your great effort in identifying the points for us to consider, outlined in your most recent email today.”
Thank you so much for your email and all the incredible care, time and work you have put into providing this guidance for me. I am very moved and grateful by the amount you have put into it…. Your charity is amazing, and the hard work and time you put into it is invaluable and […]
“We were amazed by how quickly the letter was drafted and sent off. After all these years, I think some of us are now experiencing a form of PTSD whenever we have to deal with the CCG; it is hugely reassuring to have your expertise to call on.”
I thank you from the bottom of my heart for the efforts you made on my behalf. There is, in my opinion, no one who could have analysed, synthesised and advocated as you did. You made me feel that my voice was important. Because of your help and the wonderful, unique service you provide, E […]
“I’m so impressed with your service. It’s really helpful. I have written to the deputy asking for contractual decisions/clauses with the care company, and for any notice that Mum may have made about her wishes, about my involvement.”
“I would like to bring to your attention how impressed I was with the professionalism delivered by PC today on the helpline. P was very attentive, informative, had an excellent manner and was friendly. It’s not every day you come across such lovely people and I was certainly impressed with the way P handled the call.”
“On behalf of my family, and my son, I want to take this opportunity to thank you and M for all your incredible support this year. Without your legal expertise and help, people like my son would end up being lost in the system.”
“Just to say that you infected (at least!) ONE person with enough understanding of the law to want to go and get more, and to find new and interesting ways to apply it… I now acknowledge the many shades of grey within the law. I may not personally agree with them all, but knowing their existence and being able […]
“I am writing to inform you we have won our appeal against the CCG and I am preparing documents today to reclaim our expenditure in the last few years. Many thanks for your help.”
“Just to let you know it was complete victory! The council are paying the provider all of the amount they were demanding, and are requesting that that provider refunds ME some of what we paid in for E’s care. They are also starting the process of transferring him to another council for Ordinary Residence purposes. […]
“Belinda has been incredibly generous with advice to assist me in the appeal I’ve submitted against a CHC eligibility decision. She has given me more information for free than I’ve gained from different law firms I’ve instructed and my donation is a lot less than they would have cost me but hopefully it will go […]
“Thanks, you have been very helpful and I will make a donation tomorrow. You have genuinely been the only person who as helped me through a difficult period with these matters. The money won’t just be for your help but it’s clear you have good values which is becoming so rare in society.”
“CASCAIDr have provided me with invaluable support in constructing and articulating a case for consideration by Social Services in a council which for a considerable period of years have not followed the law as laid down in the Care Act or used established protocols and procedures necessary to ensure that my son’s Care Assessment, Support […]
“A purposeful charity working in an area that can help people who need support in dealing with an organisation who has all the knowledge, I have a lot of respect for what you do and thank you for your help with my problem.”
“You are a bit like that Palliative Care consultant, a small miracle (who phoned just now)! With your email, I don’t feel abandoned and on our/my own.”
“Thank you so much for your thoughts on our CHC predicament. It was very detailed and was of great help. I used some of its content with the solicitor to prepare the document lodging our appeal against the CCG to have an independent NHS England review. I again thank you, the report helped me focus […]
“Just wanted to say thank you for everything. I got E a lawyer thanks all to you and things are getting a little easier after a nightmare few weeks. You really stood out on safeguarding across all professions I have talked to in my own career and last few weeks. You saved my sanity and […]
So it’s moving and something is happening; we got the wheels turning and not without your help. I’ll keep you posted, and I really liked the law firm you referred me to. I’m so grateful and you’ve inspired me to keep going, till she gets proper help.”
The indicative budget they are offering seems really reasonable covering personal care, ASD mentoring, physio and support to access the community. It seems too good to be true!
“It’s been a long, hard, stressful, anxious and frustrating time for us all. Without your professional knowledge and genuine human kindness due to the passion you have for helping and genuinely caring for people like me, we would of had no choice but to give up fighting, a long time ago. It’s down to you […]
“Please do not apologise for your request that we consider a donation.We’ve already agreed that we needed to do this in the light of your amazing support. Having heard you speak (which served to reconnect me as a social worker to stuff that I hadn’t realised I had lost sight of) I am convinced of the […]
“Thank you so much for your detailed email. I’m going to write a letter to social services. You’ve given me the strength to put some commitment into sorting this out. Thank you so much for your very detailed long response. That must have taken so much of your time to do. I’m going to donate some money […]
“Thanks so much for your frank reply. You are quite right that I could well have an axe to grind. I feel that I am keeping my sister’s best interests at heart and her husband is not; he has his own agenda – but how are you to know that, just because I say that’s […]
“When we sent the letter that CASCAIDr had put together, we did get a response from the Council. It helped to show them that the points we were making about R were valid, and made a case for R to attend the education trust for an additional two days. The council is now funding two […]
“[After support with an LGO complaint about charging and disability related expenditure] Here is the wonderful result so far. It is still in draft and the final decision by Ombudsman will be published soon, but I could not wait to share the news with you. I trust your knowledge and all this would not have been […]
“A small win (but with big individual impact) was when a Social Worker delegate decided not to close a case, which was what was going to happen before the course! The Social Worker has said that there is much more to explore and nuances that need to be considered – I think they meant fluctuating […]
“What you deliver has a real impact on systems change (cultural change) – a difficult metric to measure sometimes. This also means it will have a direct impact on people’s lives (service users and professionals). It truly was an awesome three days of learning. As a city, we are eternally grateful for the knowledge that you […]
“This is the time to get things sorted once and for all. I now feel I have the confidence and knowledge to discuss J’s rights with social care. Thanks for empowering us both.”
“I’m so grateful for your response it really does help to be put in the picture from a legal point of view. I absolutely see myself as fighting not just for myself but for other people that are struggling to make ends meet and not have this life destroy them physically and mentally.”
“We have known Belinda Schwehr for a number of years and have always found her advice and that of CASCAIDr invaluable. The support and advice from CASCAIDr has been particularly useful for people in receipt of statutory funding (and their families) who find themselves in a situation where their statutory funding is in danger of […]
“After nearly 18 months of trying to get Adult Social Care to communicate with us regarding my brothers direct payment we enlisted the help of CASCAIDr. The case, although complex, was settled without the need of legal proceedings and we were extremely pleased with the work and support of the charity.”
“If I had to use one word to express what Cascaidr does, it would be ‘reassure’. Reassure one has not ‘lost the plot’ – the law is the law. Reassure one feeling (well, loads actually!) that the law is being ignored is justified. Reassure one can do something about it and with Cascaidr’s support, in the end, the law is […]
“A county council attempted to reduce my learning disabled brother’s care package of five hours per day to three hours, without making a proper assessment of his needs, which had not changed for some years. CASCAIDr were fantastic in helping me draft letters with the relevant legal vocabulary, including references to the Care Act and […]
“Thank you for you very comprehensive reply. The heavily subjective nature of the CHC assessment process I find extremely frustrating. I’ve read a lot online about CHC in the last two years, but still I do not understand what constitutes the legal limit of Social Services! Your reply has helped confirm the government has succeeded […]
“Thank you so much for your extensive reply. It is much appreciated. There have been many charities I’ve contacted and many don’t want to know. My uncle is a complex case and different to many, as he does have mental capacity. Many organisations are simply not interested. I thank you deeply for taking the time to […]
“I cannot give enough praise to CASCAIDr! They took a very unjust situation and made it all better! We were handed an ultimatum to make a direct payment of £900.00 to a private ambulance firm or my father would not be discharged from hospital and transported to the waiting care home out of area. I […]
“The support and advice from CASCAIDr has been particularly useful for people in receipt of statutory funding (and their families) who find themselves in a situation cuts are hinted at, or excessive commissioning pressures are mounting. The current political and economic climate is a tough one but CASCAIDr reminds us all that the rights of […]
“Thank you for your advice about encouraging us to ensure that the council’s care planners and their care providers are aware of our adult daughter’s obvious inability to understand the consequences of SOME of her less desirable, apparent choices, We can see immediately how this advice serves our daughter’s needs and our responsibilities toward her. We should have asked […]
“We had help over several months from CASCAIDr which was very supportive and helpful in dealing with a reluctant social services council. With their help and expertise we got the support we were asking for – so we moved from no help to what we wanted. This has been a great relief and we appreciate the legal […]
“I am very grateful for the support and advice given to me by CASCAIDr in my fight to keep a traditional bank account for my direct payment, when the Council tried to force me to have a prepaid card which was unsuitable for my needs. After what felt like a David vs Goliath battle, thanks […]
“As a Local Authority we want to get it right first time for our local citizens but in our improvement journey, this has not always happened, to both our – and some of our citizen’s disappointment. In one complex case CASCAIDr assisted us in our response to the LGO with their independent expertise. The learning […]
“Our family moved on from utter despair to some hope, because of CASCAIDr. The council acted unlawfully and CASCAIDr made them change their minds. No one was prepared to listen until very fortunately for us we were introduced to this charity. Belinda was kind, selfless and expert in Adult Social Care law and her efficiency […]
“I am immensely grateful for all the help you have given me to try to secure a transparent, coherent, rational and lawful assessment of my daughter’s care needs. With your help we were absolutely delighted to be awarded compensation from the LA for previous botched assessments. It makes all the difference to know that CASCAIDr are there […]
“Councils are very strapped for cash at present and often act illegally or unreasonably in trying to cut Direct Payment budgets. This happened in my daughter’s case. CASCAIDr were great in providing help and ammunition to challenge the Council. By the time I consulted CASCAIDr I had in fact already put the matter in the […]
“Like many other parent carers, we cannot bear to think of what life would be like at present without your legal advice – our local LA intended to not only slash our daughter’s budget, but dictate how and who should manage the budget, with almost immediate effect. We wouldn’t have had the mental or physical strength to continue […]
“CASCAIDr has made me realise that you’re not alone out there, and that local authorities WILL listen to you if you have CASCAIDr’s support and backing. They have helped, and are continuing to help me, to find a suitable home for my brother. I feel so much more optimistic, and really appreciate the ongoing help […]
“I am immensely grateful for all the help you have given me to try to secure a transparent, coherent, rational and lawful assessment of my daughter’s care needs. With your help we were absolutely delighted to be awarded compensation from the LA for previous botched assessments. It makes all the difference to know that CASCAIDr are there […]
Thank you, thank you so much for your detailed and clear guidance. I am extremely grateful for your revision and all the notes regarding my next homework; for now I thank you enormously
A. Because we are not doing them at the moment / the process is just too complicated and it will take too long “I am sure that councils do not have the legal right to say that it just doesn’t suit them to give money out as a substitute for services. The Care Act says […]
“…And if that’s not enough, well then, we guess that you’ll be withdrawing your request for a direct payment, yes? or else accepting the budget as less than you know is needed via a DP route, as a matter of your own choice…” Anyone thinking that this is the bit of the Self Help […]
“The support you have provided has been fantastic, regardless of the outcome. I do not believe I would have even been able to get this meeting arranged and I have learned so much.”
“Clearly [the LGO] has changed the report significantly as a result of the previous feedback. Looks pretty much like we have everything significant found in our favour. Thanks for all your help.”
“The meetings with the CCG and LA went well, and the fees are under renegotiation – they have accepted many of the proposals you suggested we put forward, and we are now down to discussing the last few points! So far so good…thanks for all your help!”
People have a right to advocacy – independent funded advocacy – under the Care Act, if they have substantial difficulty with regard to the processes in the Act where councils are required to INVOLVE people before making a decision. So it’s not an absolute right, as such, but a right that flows from a professional […]
It’s almost impossible in England for a council to refuse to assess someone for adult services, without breaching public law duties. So if someone refuses you the chance to be assessed, this is what to say: I believe that the Care Act imposes a duty on councils to assess people’s needs if there is merely […]
If a council or a CCG says this, they are treading on very thin ice, these days. They’d be thinking that the definition of a personal budget, in legal terms, is the cost to the council of meeting the needs, and inferring from that that no council need offer anyone any more than it would […]
If a council or a CCG says that it is using the cost of a care home locally as a measure of what it should offer, the cost is not an unlawful consideration in and of itself, but it cannot be the ONLY determinant of its care planning function (regardless of whether one’s purchaser is […]
a) … WITHOUT ANY re-view or re-assessment having taken place: I am certain that it’s not lawful to cut a person’s care package without doing a review, and then a re-assessment using Care Act criteria if a cut is proposed, for whatever reason. I am sure that your senior management team have not meant to […]
“Thank you so much for today, both of you were invaluable in our plight for planning, and for the virtual meeting today. Thank you also for all your notes, too: so helpful.”
“It’s not actually a bigger personal budget, but the lower charge, brought about through this success on the DRE point, gives me the courage to spend my own money on what I need, to cope with my total blindness and hearing impairment. Not a day goes by when I don’t tell SOMEone about CASCAIDr’s support”
“The council agreed to backdate the care costs to July 2016. I’d put in a formal complaint, in the light of your recommendation. So I want to thank you very much indeed for your advice, without which I can’t imagine we’d have got very far. It’s been such a long and stressful haul that I’m […]
“What would I do without you? Many thanks for your help. I particularly liked the way in which you juxtaposed xyz with the council’s position on abc – it brought a smile to my face.” Return to main CASCAIDr homepage
“Your new Charity is exactly the kind of initiative that that the charity which I Chair, wants to support. Your work in community care law is cutting edge, and the times ahead need you even more. No other lawyer has ever been dedicated enough to such ideals as to write me back about my daughter […]
“The local authority panel wouldn’t agree to funding for a placement with the type of psychological input to care which my daughter desperately needs – they were offering wholly inadequate alternatives. Belinda helped me assert in very clear term that as they’d not carried out the assessment correctly, they weren’t making a defensible judgement on […]
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There’s no set amount for a donation. We’re happy with whatever amount a person can afford, even if it’s just £10.00, especially if it can come in a little
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If you’re a business with health and social care clients, how about £1 per client per year, as an affordable suggestion? Or £2 a year per client, if you are a private for-profit provider?
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Just email belindaschwehr@cascaidr.org.uk for a Package Deal invoice, from the Trading Company, if that’s your preferred means of supporting us.
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Major donations really improve the amount of assistance we can provide to those with care and support-related public law legal problems. It could lead to a person receiving advice when no one else is willing and/or able to help.
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