This section of complaints covers a wide range of issues.
Reports highlight that people with complex needs are often discharged from hospital without assessment by social services, and that this is rarely from choice.
There are major problems with transition – a transition assessment is required to be undertaken as part of one of the statutory reviews of the EHC plan (Department of Health Statutory Guidance 16.11), unless there’s a very good reason why not.
People’s and Carers’ assessments are a statutory duty under the Care Act – triggered only by the appearance of needs for something in the nature of being looked after.
The LGO highlights that it is not only the law but good practice to involve the person and their family in the assessment process The LGO is more likely to find fault if the Council has not even attempted to involve or inform the person.
With regard to revisions to plans, and especially where support is being reduced or removed or suspended, the LGO considers whether the Council properly assessed a person, in terms of what the impact would be of a reduced package.
A person should be reassessed/reviewed every year (6 months if on direct payments, because the financial probity issue is greater, there). The LGO affords Councils some leeway, but generally states that over a year is an unreasonably long time between reviews, and may be considered as fault. The LGO considers the facts of the case and whether the delay was ‘reasonable and acceptable’. Failure properly to assess a person has an impact, in that people may be left with insufficient support, for an indefensible amount of time, and their informal carers unreasonably put upon.
Section 27 of the Care Act makes review, and revision, where it is considered necessary, a statutorily underpinned process, with definite steps and due process rights attached to it. It provides for review from time to time, or as per a schedule, or on the basis of any reasonable request by or on behalf of a service user. A change in circumstances is the trigger to an unscheduled review, and to a proportionate re-assessment if a review has revealed changes perceived to affect the plan. When a Council identifies a change in someone’s needs, it should be able to articulate on the basis of identified material what it thinks the change is.
Assessments are not assessments for services, but in terms of deficits, they are a good point to be considering the actual amount of support needed, ie how many hours of support, where and for what type. The LGO will only find fault, however, if the Council actually fails to meet the person’s needs.
