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Carer

CornwallCornwall Council at fault for delays in approving direct payments18 018 350
Waltham ForestWaltham Forest Council found at fault by ombudsman after delaying a Carer’s Assessment for two years from the date requested and even then failing to provide the outcome of the assessment to the carer18 006 436
GloucestershireGloucestershire County Council at fault for discontinuing support and for delaying reassessment19 005 899
TamesideTameside Council at fault for failing to carry out a carer’s assessment, and for an inadequate investigation leading to inadequate care18 011 449
WarwickshireWarwickshire County Council at fault for the quality of care it commissioned18 014 148
KirkleesKirklees Metropolitan Borough Council at fault for withdrawing vital services and failing to recognise its responsibility to respond to a subsequent crisis.19 009 200


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Good News Stories

News

Free draft Letter Before Action for use by anyone being excluded from hospital or care home visits to anyone believed to be dying (ADAPT as appropriate)

[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 […]

Gabe Susman
News

Drug & Alcohol Rehab Specialist, Rehab 4 Addiction, shares its latest Infographic about COVID-19 and Mental Health

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 […]

Gabe Susman
Care and Health Law TopicsNews

The CMA and Care UK dispute over top-ups for residents entitled to Continuing NHS Healthcare

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 […]

Gabe Susman
News

CASCAIDr’s Q & A fund-raising campaign for 2020

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, […]

belindaschwehr
News

Durham County Council at fault for failing to regularly inspect the property it had Deputyship over and make appropriate repairs

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), […]

Gabe Susman
News

Cheshire West and Cheshire Council at fault for stopping direct payments without explanation and applying an arbitrary DRE disregard

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 […]

Gabe Susman
Local Government Ombudsmen's ReportsNews

Overview of common LGSCO complaints areas

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’ […]

Gabe Susman
Care and Health Law CasesNews

R (on the application of JG) v London Borough of Southwark

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. […]

Gabe Susman
News

I have been so empowered by that one meeting

“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

Gabe Susman
News

What to say if your direct payment is not set up to cover the cost of PPE

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] […]

belindaschwehr
Local Government Ombudsmen's ReportsNews

Calderdale Metropolitan Borough Council at fault for arbitrary top up policies, for instructing service users to enter into top up agreement contracts with care homes directly, for failing to identify a suitable care home and for failing to undertake a needs assessment

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 […]

Gabe Susman
Care and Health Law CasesNews

Ali Raja & Anor, R (on the application of) v London Borough of Redbridge (Rev 1) [2020] EWHC 1456 (Admin) (05 June 2020)

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 […]

Gabe Susman
FeedbackNews

CASCAIDr have provided me with invaluable support in constructing and articulating a case for consideration by Social Services

“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 […]

Gabe Susman
News

10,000 steps for front line legal advice – 8th June 2020

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 […]

belindaschwehr
News

CASCAIDr’s Q&A session, live with CoProduce Care 06/05 2020 – on care home deaths

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, […]

belindaschwehr
News

The Care Act Easements – which side of the line is your council operating on?

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 […]

belindaschwehr
News

having tried the newspapers vs CASCAIDr, the choice is clear to many

“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.”

CASCAIDr
News

Good Administrative Practice during the response to Covid 19 – from the Local Government Ombudsman – with legal commentary from CASCAIDr

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 […]

Gabe Susman
News

CASCAIDr’s Q&A session, live with CoProduce Care 30/04 2020

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. […]

belindaschwehr
Care and Health Law CasesNews

R (on the application of WP (POLAND)) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2020)

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 […]

Gabe Susman
News

Attention: care home owners – support for doing the right thing for Covid-19 patients and their families

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 […]

belindaschwehr
C&HL LegislationCare and Health Law CasesNews

UNIVERSITY COLLEGE LONDON HOSPITALS NHS FOUNDATION TRUST v MB (2020)

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). […]

Gabe Susman
Local Government Ombudsmen's ReportsNews

Local Government and Social Care Ombudsman Housing Decisions

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 […]

Gabe Susman
News

Training Offer for the Coronavirus crisis period

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. […]

belindaschwehr
News

CASCAIDr’s Translation of the Easements Guidance

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 […]

belindaschwehr
News

Article 8 of the European Convention on Human Rights – The right to respect for all things close to heart and home including during the Coronavirus crisis

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 […]

Gabe Susman
Local Government Ombudsmen's ReportsNews

Provider (commissioned by Bristol County Council) at fault for not following emergency procedure and failing to provide care for one night (relevant to Coronavirus scenarios)

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 […]

Gabe Susman
News

Our approach to the Coronavirus Crisis – what CASCAIDr can do for you

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 […]

belindaschwehr
News

Keeping calm about the Care Act, during the crisis

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 […]

belindaschwehr
News

Test for Comments

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belindaschwehr
News

The Coronavirus Act and its impact on the Care Act

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 […]

belindaschwehr
Care and Health Law TopicsLocal Government Ombudsmen's ReportsNews

Three LGO decisions focused on autism highlight some potentially relevant issues for public authorities

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 […]

Gabe Susman
News

Solihull Metropolitan Borough Council at fault for failure to FUND a supported housing placement for a s117 client

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 […]

belindaschwehr
News

CASCAIDr’s Highs (and stats) from Year Two…

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 […]

belindaschwehr
News

London Borough of Hammersmith & Fulham at fault for delays in reviewing care and the carer’s and client’s packages

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 […]

Gabe Susman
Local Government Ombudsmen's ReportsNews

Westminster Council found to be at fault in relation to how its delegate handled a homelessness applicant

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 […]

Gabe Susman
NewsUncategorized

Overview of the report into the seclusion of a young woman called Bethany, whose father brought her plight in a private hospital commissioned by the NHS, to national attention, in 2019

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 […]

Gabe Susman
News

R (on the application of CP by her father and LitF, JP) v NE Lincolnshire Council

… 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 […]

belindaschwehr
News

CQC’s ‘no more than 6 people in a care home’ policy target scrutinised by a Tribunal

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 […]

CASCAIDr
Care and Health Law CasesNews

Secretary of State for Work and Pensions v MM (Scotland) [2019] – updated to include details of the retrospective trawl for back payment claimants

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 […]

CASCAIDr
NewsSocial Care MythsUncategorized

A considered riposte to the question posed by Peter Feldon “If unmet need is so rife, why are there so few complaints about it?”

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 […]

belindaschwehr
News

Analysis of concerns of Human Rights Watch – with CASCAIDr comments on top

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, […]

CASCAIDr
News

CASCAIDr’s first year of operation

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 […]

CASCAIDr
NewsSocial Care Myths

The Monitoring Officer – a ballistic missile for service users, when faced with unconscionable delay in getting a decision on a care package or budget!

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 […]

belindaschwehr
News

A section 117 client’s services were restored after our involvement

…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

CASCAIDr
FeedbackNews

A trainee social worker uses the law for her own Mum’s interests in getting out of ‘respite’ care to go back home

“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.”

CASCAIDr
News

An elderly person’s family is supported to prevent her being moved back home against all professional advice

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 […]

CASCAIDr
FeedbackNews

The LGO is persuaded to change a draft report after a complex complaint…

“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.”

CASCAIDr
FeedbackNews

Charity supported to cope with demands from a CCG and LA for re-configuration

“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
News

Top-up Tricky-ness?

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 […]

CASCAIDr
News

Blind man sees the light at the end of the charging tunnel …

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.

CASCAIDr
News

Indefensible proposed cuts stopped in their tracks

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….

CASCAIDr
News

Carer enabled to return to a working life after a 1 year wait for ABI services

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 […]

CASCAIDr
News

Nurses for a hospital at home service preserved and other cuts challenged

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 […]

CASCAIDr
News

Perceived bullying of parents fended off by assertion of CCG failings

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 […]

CASCAIDr
News

Transition to supported living smoothed after eviction notice sent without consultation

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 […]

CASCAIDr
News

Parent deputies find a legal defence to a charge after joint charging debacle

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 […]

CASCAIDr
News

Parents assisted to clear name in CoP and defeat claim to implement deputyship bond

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 […]

CASCAIDr
News

Deafblind man accesses specialist assessment and help with charging law

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 […]

CASCAIDr
News

A smooth move to supported living and preservation of day service opportunities

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 […]

CASCAIDr
News

Just Checking irrelevant to assessment for a person with 24hr care needs

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 […]

CASCAIDr
News

A parent with a severely disabled adult daughter…

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 […]

CASCAIDr
News

After advocates’ support…

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  

CASCAIDr
News

A charitable care provider is told…

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 […]

CASCAIDr
News

An elderly man with capital now below…

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 […]

CASCAIDr
News

A young woman’s parents…

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 […]

CASCAIDr
News

A long-standing client with learning disabilities…

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 […]

CASCAIDr
News

An exhausted carer asked a council…

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 […]

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I’m so impressed with your service.

“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.”

CASCAIDr
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It’s not every day you come across such lovely people

“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.” 

CASCAIDr
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Thank you and M for all your incredible support

“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.”

Gabe Susman
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You do a great job

“I recommended you to a friend last week and it seems she’s already working with you. You do a great job, thank you.”

Gabe Susman
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You infected (at least!) ONE person with enough understanding of the law to want to go and get more

“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 […]

Gabe Susman
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We have won our appeal against the CCG

“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.”

Gabe Susman
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It was a complete victory!

“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. […]

CASCAIDr
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Belinda has been incredibly generous with advice

“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 […]

Gabe Susman
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You have genuinely been the only person who as helped me through a difficult period

“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.”

Gabe Susman
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Life-saving advice

“Life-saving advice – cannot thank you enough for all the support without which I would be serious ill Thank you” – Z

Gabe Susman
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CASCAIDr have provided me with invaluable support in constructing and articulating a case for consideration by Social Services

“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 […]

Gabe Susman
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It feels as though you are taking on the whole country single-handedly!

Thank you B, It feels as though you are taking on the whole country single-handedly! God bless you

CASCAIDr
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Thank you for your help with my problem

“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.”

CASCAIDr
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We need you more so than ever now

“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”

CASCAIDr
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You are a bit like that Palliative Care consultant

“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.”

CASCAIDr
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Thank you so much for your thoughts on our CHC predicament

“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 […]

CASCAIDr
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Thanks so much, I’m most grateful for your attention to detail and guidance and support.

“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 […]

Gabe Susman
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We got the wheels turning and not without your help

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.”

Gabe Susman
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[After achieving a CHC status for a client]

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!

Gabe Susman
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It’s down to you and you alone that I now have a fighting chance of ensuring justice prevails

“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 […]

CASCAIDr
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I am convinced of the need to make sure that CASCAIDr is out there holding Local Authorities to account

“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 […]

CASCAIDr
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You’ve given me the strength to put some commitment into sorting this out

“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 […]

CASCAIDr
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Thanks so much for your frank reply

“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 […]

CASCAIDr
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it made all the difference to have someone who was prepared to listen to us

“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 […]

CASCAIDr
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I trust your knowledge and all this would not have been possible without your precious input

“[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 […]

CASCAIDr
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There will certainly be a ripple effect across Social Work teams following the course

“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 […]

CASCAIDr
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We are eternally grateful for the knowledge that you have so eloquently imparted

“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 […]

CASCAIDr
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Thanks for empowering us both

“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.”

CASCAIDr
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I’m so grateful for your response it really does help to be put in the picture from a legal point of view.

“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.”

CASCAIDr
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CASCAIDr in my view has always been 100% responsive and I appreciate the clear but warm approach adopted

“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 […]

CASCAIDr
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we were extremely pleased with the work and support of the charity

“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.”

CASCAIDr
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If I had to use one word to express what Cascaidr does, it would be ‘reassure’

“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 […]

CASCAIDr
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I cannot recommend the Charity more highly

“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 […]

CASCAIDr
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Thanks once again for taking to the time to review my question and for your detailed reply

“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 […]

CASCAIDr
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Many organisations are simply not interested. I thank you deeply for taking the time to respond in depth and after thought

“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 […]

CASCAIDr
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I cannot give enough praise to CASCAIDr!

“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 […]

CASCAIDr
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CASCAIDr reminds us all that the rights of the person are non-negotiable and that we must operate within the legal framework

“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 […]

CASCAIDr
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Welfare concerns and choices others may think of as unwise: many thanks for your incredible dedication to responding!

“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 […]

CASCAIDr
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We had help over several months from CASCAIDr which was very supportive and helpful

“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 […]

CASCAIDr
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The Council agreed to comply with the Care Act!

“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 […]

CASCAIDr
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The learning for us as a council has been invaluable

“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 […]

CASCAIDr
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The intervention has improved our quality of life as a couple and as members of the community we live in

“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 […]

CASCAIDr
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It makes all the difference to know that CASCAIDr are there to help me navigate my way through the whole process

“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 […]

CASCAIDr
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CASCAIDr were great in providing help and ammunition to challenge the Council

“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 […]

CASCAIDr
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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…

“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
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Local authorities WILL listen to you if you have CASCAIDr’s support and backing…

“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 […]

CASCAIDr
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Compensation for botched assessment overlooking carer’s unwillingness…

“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 […]

CASCAIDr
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Happy parent given the means to fight a 3x increase in her son’s charges

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 

CASCAIDr
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What to Say If: you are told that you are not able to have a direct payment …

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 […]

CASCAIDr
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What to Say If: you are told “You can HAVE a direct payment, but the size of your budget for your direct payment will be calculated based on the cost for which we could meet your needs if we were buying the services.”

“…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 […]

CASCAIDr
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CASCAIDr supports a client in crisis to challenge a hopelessly inadequate care package

“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.” 

CASCAIDr
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A trainee social worker uses the law for her own Mum’s interests in getting out of ‘respite’ care to go back home

“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.”

CASCAIDr
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The LGO is persuaded to change a draft report after a complex complaint…

“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.”

CASCAIDr
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Advice to a provider who’s fallen off of a Framework…

“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.”

CASCAIDr
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Our myth busting goes down well…

“Thank you for the ASC Legal Myth-busting link. Very informative so far…”

CASCAIDr
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Charity supported to cope with demands from a CCG and LA for re-configuration

“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
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What to Say If: you’re told that you aren’t eligible for a funded advocate under the Care Act

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 […]

CASCAIDr
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What to Say IF: you’re told that you are not eligible for assessment…

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 […]

CASCAIDr
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What to Say If: the council or a CCG says that you can’t have a bigger budget for care needs at HOME than it would cost that body to meet your needs in a care home

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 […]

CASCAIDr
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What to Say IF: the council or CCG says that they believe they could meet your needs for £xxx – because that is what they pay to care HOMES in the area

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 […]

CASCAIDr
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What To Say If…..you have been told that your package of services or personal budget will be cut, BUT….

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 […]

CASCAIDr
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Putting some legal edge into Mental Health discharge planning

“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.”

CASCAIDr
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Sunday service! Some of us clearly need to get out more….

“…thanks for all your work so far, particularly your attention yesterday on a Sunday. We are delighted with the letter.”

CASCAIDr
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Thanks for making it make sense…

“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”

CASCAIDr
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A satisfied CHC retrospective funds client says this:

“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 […]

CASCAIDr
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Council proposals held at bay by a principled demand for engagement

“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

CASCAIDr
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A complex complaint knocked into shape before submission

“This is brilliant! My head’s spinning a bit after reading it…” LG Return to main CASCAIDr homepage

CASCAIDr
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Happy to support CASCAIDr…

“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 […]

CASCAIDr
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The local authority panel wouldn’t agree to funding…

“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 […]

CASCAIDr

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Benefit Resolutions

Please contribute using the button below. GiftAid increases your donations by 25%

Donate here

It’s easy to make a donation, and we hope we have inspired you to do so.

You can click on the Donate button above or on our right hand side bar, to donate to our cause, core costs and ongoing output. Our Donation Button was the most cost-effective giving site we could find, and that means that we are maximising the proportion of your donation, and putting it to use. It costs just 10p per donation (and 1.4% of the amount goes to the card company.) There are no transaction fees, only a card processing fee. We are advised that if donors added £1 to every £60 they want to donate, they would be covering the card fee and the company’s own processing charge, in any event. So a donation of £61.00 means we receive £75.30 if you can tick the Gift Aid box, or £60.05 if not.

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 and often, we’re in it for the long term and need to keep going. We’d really appreciate your sign-up for automated ongoing contributions – monthly is how that works. You will be able to click to do the GiftAid declaration, if you are a taxpayer – as it makes the government pay us an extra 25%.

If you are a business, you can donate and make it a tax deduction, because of our charitable status.

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?

Whatever the basis of your business, we’d be just as happy if you took out a Package Deal if you’re a lawfirm, health/social care/support provider, support broker or advocacy organisation. Package Deals are equally tax deductible, because the membership fee means you’re buying actual benefits, and all the money goes into the Charity’s funds.

Just email belindaschwehr@cascaidr.org.uk for a Package Deal invoice, from the Trading Company, if that’s your preferred means of supporting us.

If you or your staff like being sponsored to DO amazing things, we’d love it if you were to organise a fund-raiser for CASCAIDr. We can provide you with blurb, pictures, success stories to help you, too!

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.

Your generosity, towards the end of your life, through a legacy, could make a real and lasting positive difference to the lives of many of our typical users and clients.

If you would like to make a major donation or leave a legacy please feel free to email belindaschwehr@cascaidr.org.uk

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