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
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.
Decision date: 23 November 2021
What happened:
Mrs X made a complaint regarding Croydon Council’s failure to provide adequate support to Mr Y during the Covid-19 pandemic, especially with regards to providing support during his day service closure.
Mr Y has a learning disability and limited verbal communication skills. He lived with Mrs X (and her husband and son) in a Shared Lives registered household and required support with most activities. He could not be left alone.
In addition to the Shared Lives arrangement, prior to the pandemic, Mr Y attended a day service 5 days per week, and transport was also funded by the Council. This arrangement ensured that Mrs X could earn a living outside of being a Shared Lives carer, as Mr Y was picked up at 8:30 and returned home at 16:30.
Mr Y is also in regular contact with his family, and prior to the pandemic had overnight visits with them.
In March 2020, when the UK went into lockdown, Mr Y’s day services closed and he was left with no alternative support provision and was cared for by Mrs X.
On 2 April 2020, Mrs X told the council that she may be returning to work the following week. The Council responded that Mr Y would have to stay with her over Easter, rather than with his family as he usually did. It noted that day centres were unlikely to open before the end of lockdown.
On 1 June, Mrs X contacted the Council again. The Council provided a payment of £330.40 to Mrs X, which was to reflect “Covid 19”. Between June and July, Covid restrictions eased and on 9 July, Mrs X contacted the Council again to find out when the day centres would re-open (as she had to go back to work), and when Mr Y could stay with his family again.
On 10 July the Council replied that Mr Y could stay with his family again, and he did so for a week from 11 July.
On 20 July, Mrs X contacted the Council again and highlighted the impact of the day centre closure and lack of further support on:
The Council noted they needed to review the package and identify daytime support until the day centres re-opened.
On 31 July, the Council contacted Mrs X and stated an officer would review Mr Y.
On 10 August, Mrs X contacted the Council again and stated that the volume of care she was now providing continued to have an adverse effect on her and Mr Y. She noted in particular that:
On 18 August, the day centre was able to begin provision of 1 reduced day per week for Mr Y. The Council couldn’t provide the usual transport, but agreed to source something so that it did not become Mrs X’s responsibility.
At the end of the month, Mr Y’s family were able to have him for a week.
On 1 September, the Council allocated a worker to review Mr Y. On 8 September, Mrs X informed Croydon that she was returning to work on 28 September.
On 15 September, the Council reviewed Mr Y, and offered a 2nd day at the day service to Mr Y, and a personal assistant to support him on the other 3 days of the week. They stated their grounds for this support were:
From the 28 September, a Shared Lives carer picked up Mr Y and took him to their scheme 5 days per week, to facilitate Mrs X’s return to work, and from the end of October, a personal assistant supported Mr Y for 3 days per week, and he attended the day centre 2 days per week.
In January 2021, Mr Y was left without support again when the day centre shut during another lockdown. When Mrs X called the Council to ask for the personal assistant to support Mr Y for 2 more days per week, she was informed that this increase to cost would need to be reviewed by a funding Panel. Mrs X contacted Mr Y’s family, who agreed to support him on the days he would have gone to the day centre (2 days per week).
In February 2021, Mrs X asked the Council to provide funding so that she could employ her son to support Mr Y, which the Council refused. Though the Ombudsman states this was in contravention to current government guidance at the time, we think the Ombudsman is referring to direct payments guidance, and we think that Mrs X would not have been in receipt of direct payments for what is clearly described as a Shared Lives arrangement. ignoring the government guidance at the time, and stating it was inappropriate for her to do so.
In the same month, Mrs X complained about the lack of support from the Council, and in March 2021 the Council responded, summarising the support they had supplied, but failing to address the specific concerns she raised.
What was found:
The Ombudsman concluded that Croydon Council was at fault regarding numerous issues, and that some of these had caused significant injustice, because they led to Mrs X providing for Mr Y’s needs for longer than should have been the case, and prevented her from returning to work until September 2020.
The Ombudsman noted that the Council had assumed that Mrs X would provide more support to Mr Y during lockdown, but failed to discuss this with her, and determine what support she was willing to provide, and what support remained that the Council would need to provide. This was fault.
The Ombudsman also concluded that while Mrs X mentioned returning to work in April, and then again in July 2020, that the subsequent delay of more than 2 months to review Mr Y, was a failure by the Council to respond to the urgency of Mrs X’s right and need to return to work.
In January 2021, the Council again failed to respond constructively to the next day service closure and lockdown, and failed to ensure that alternative arrangements for Mr Y’s care and support were put in place. The Ombudsman suggests the Council failed to follow government guidance at the time, when they did not provide funding to Mrs X to employ her son to support Mr Y. As mentioned, we think that it is unlikely that a direct payment was in payment to Mr Y within a Shared Lives arrangement. However, this does again highlight the Council’s failure to arrange extra funding or support to Mrs X.
However, as Mr Y’s family stepped in to provide some regular support at this time, the Ombudsman concluded that while these were faults, they did not cause significant injustice to Mrs X.
The Ombudsman recommended that the Council apologise to Mrs X in writing regarding the faults, pay her £1,000 to remedy the injustice caused by the delay in support provision and pay her an additional £250 for her time and trouble raising the complaint. The London Borough of Croydon agreed to this.
Points to note for councils, professionals, people using services and their carers, advocacy groups and members of the public:
It was not clear in the context of this complaint, what “support” was provided as part of the Shared Lives arrangement by Mrs X and her family for Mr Y prior to the pandemic, either on a plan or in a contract – and what needs were being met by the day service for Mr Y. It appears to have been assumed, rather than assessed, by the Council that Mrs X would meet the care needs of Mr Y as part of the Shared Lives arrangement during the pandemic, as councils have notoriously assumed in relation to people’s own family members – although the original arrangement (the deal that had been struck) included a day service element, obviating the need for Mrs X to be at home with Mr Y during the day.
This case therefore highlights the need for carers (paid and unpaid) to ensure that support they provide (both formal and informal) is clearly identified within the support plan of the person for whom they provide care. The law requires this to be done as part of transparency and accountability so that informal carers (let alone paid ones) are not left taking up slack as between the eligible needs and the budget provided for meeting any not agreed to be met: see s25 of the Care Act and the CP v NE Lincs case at both levels.
Any Care Act assessment Mr Y had had, prior to the Covid pandemic, could have been reviewed as a means of dealing with this complaint. This may have provided a clearer picture of what was being provided by whom, and for what eligible needs. It isn’t likely that Mr Y’s needs actually changed so that he required any less support. In fact, his weight loss suggests that his needs may have actually increased during the pandemic, and did so as a result of the failure of the Council to provide support to which he had been entitled. This gives rise to a right to restitution in his name, so that he could pay Mrs X for what she had done under duress, as it were, outside the Shared Lives agreement that would have been made by the Council. This has probably been repeated nationwide.
We note that the Ombudsman doesn’t comment on the fact that the Council appears not to have consulted with Mr Y or his family, to ensure that Mr Y’s viewpoints and wishes about his care and support during the pandemic were considered by the Council. In fact, it appears that his viewpoints and wishes were not sought or considered at all. Furthermore, it does not appear that Mr Y’s family were contacted directly by the Council to find out if they were willing to offer the unpaid support they provided off and on from August 2021 onwards – they left it to Mrs X to do their statutory job. This is unlawful.
We wish that the complainant had gone further, and challenged not only her own treatment, but that of Mr Y as well, or got his family to do so, so that the Ombudsman could have considered the Council’s behaviour with regards to Mr Y’s rights and the impact upon him more fully.
If you want help, please consider seeking advice from CASCAIDr via our referral form on the top bar menu of the site.
The full Local Government Ombudsman report of the London Borough of Croydon’s actions can be found here: https://www.lgo.org.uk/decisions/adult-care-services/covid-19/21-000-026
….. 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 this letter to your own MP, maybe missing out the sentence about Jeremy Hunt’s own responsibility for austerity, and the destruction of adult social services and care – which has been more to do with the Treasury, than any other department…
To Jeremy Hunt, my MP:
I expect you will have been made aware of this – https://lnkd.in/efvYMWqF
It is the source of the story that BBC1 covered last week that 49 councils have imposed special measures on themselves to ration care services to an extent that is less than professional staff think is actually needed, because of the workforce crisis and lack of care to put in under the Care Act.
I am hoping that as my MP you will ask a question in the House as to what the DHSC and the Secretary of State intend to do about that?
Under the Care Act, the duty owed is to meet eligible unmet need.
The law is that councils can PROVIDE even if they can’t manage to purchase care. The councils are thus in breach of duty.
The government could (MUST, I would say) re-introduce Coronavirus Act Easements (they expired last year) or offer an unqualified indemnity for the council sector for harm, injury or premature death of people not provided with their right to care (as the government did for the NHS at the start of the pandemic).
Or they could be asked if they accept that it’s related to 15 years of national policy regarding austerity, Brexit, not appreciating unpaid carers, etc. (forgive me for referring to a time when you were in charge of that policy; I appreciate that you have already changed your own position).
Or they could be given a convenient platform to say that people’s families need to step up, never mind that for that, one may as well read women… because they’re good at multi-tasking and somehow pretend to do their jobs, be parents AND volunteers in the community.
The argument is that there is no care to be bought, regardless of the money, of course. But that’s not a conclusion that faith in the market, the bedrock of Conservatism, would normally lead to, is it?
The market might not pivot overnight, if restaurants and shops have given people golden hellos for 3 months work – but it would do so, pretty soon, if care work was properly paid and regarded.
Leaving councils in breach of statutory duty without Easements, means that they are all judicially reviewable and liable for restitution for money spent by others in lieu of the council, so not funding social care needs doesn’t even SAVE MONEY!!
If that doesn’t matter to government, what is the point of the Health and Care Bill providing for CQC to ‘regulate’ social services authorities, and for powers of intervention and direction from a Secretary of State, I wonder?
Saying nothing effectively conveys the message that it’s nothing to DO with government, underlining that legal rights to care aren’t actually enforceable, despite judicial review, the legal aid rules, human rights and equalities legislation, all passed by Parliament, but underfunded by the Treasury.
If this shocking state of affairs isn’t an election issue, (or a leadership issue internally) for a party that goes on about sovereignty and the rule of law, I don’t know what is, frankly.
Yours faithfully
[Your name, with the address to show that you are the MP’s constituent]
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 works well, to have a visual aid -powerpoint, while you are explaining new topics and information helps. Then to go into smaller groups to discuss is also interesting to hear other people’s point of view -including some healthy debate, coming together again is great for people to share their views, experiences and ask questions.
I am finding the course very informative and most useful for my circumstances. Clearly, it has been a huge amount of time and effort on your part. The best way I can put it though is that I feel I am in the middle of a degree without even having yet mastered an O level.
I am gaining loads from the course – it’s so informative – and the knowledge I am gaining is incredibly useful on the ground.
I really like the duration of the course – both the overall length of the course and the length of individual sessions are very manageable. And the content is incredibly informative in relation to the law.
I am enjoying the course, I find the content, frequency, structure and timing of it works very well for me.
I really appreciate the amount of time and work that has obviously gone in to putting this much needed course together and presenting it every month , amazingly well !
It’s a very good course Belinda, no doubt about it. I’m comfortable learning by reading, but the sessions usually bring a surprise or two that I wouldn’t have spotted.
I would like to take this chance to say how much I am enjoying the course, my knowledge and confidence are growing exponentially
I have been promoting the course to anyone who will listen and have already passed your organisations info around
I can’t say enough how much I am enjoying the course or how much information I have gained from it
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 to repay your kindness. Know this, if I can help you in any way, I will.
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.
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 […]
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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 […]
Please click on the link below to download our Challenging Segregation and Seclusion PowerPoint to your computer.
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 […]
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“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 […]
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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 […]
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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, […]
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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’ […]
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“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] […]
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“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 […]
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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 […]
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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 […]
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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
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.”
“I recommended you to a friend last week and it seems she’s already working with you. You do a great job, thank you.”
“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.”
“Life-saving advice – cannot thank you enough for all the support without which I would be serious ill Thank you” – Z
“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 […]
Thank you B, It feels as though you are taking on the whole country single-handedly! God bless you
“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 our only source of hope please keep going We need you more so than ever now I’m despairing at the shocking legislation yesterday”
“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 […]
“Thank you once again for all your help – I don’t know what we would have done without you – thank you so very much. it really is appreciated.”
“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.”
“Thank you so much for your advice/steer. We will consider the advice option below so that we can adopt it as a strategy going forward.”
“Thank you for the ASC Legal Myth-busting link. Very informative so far…”
“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.”
“…thanks for all your work so far, particularly your attention yesterday on a Sunday. We are delighted with the letter.”
“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
“This is brilliant! My head’s spinning a bit after reading it…” LG 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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