ICBs are legally obliged to produce and maintain care plans even though CHC framework is non- statutory.
They have been forced to pay for services which is leaving both the person and their family in debt.
This is too ambiguous for me to grapple with.
It might mean that the budget is insufficient as a matter of economic reality even if what it should cover is agreed – or it might mean that the family have a firm view about what the budget should cover but never challenged the ICB as to its assessment or budget offer.
Or it may be a ‘wants vs needs’ argument – the ICB is only obliged to do an adequate job, not an aspirational job and only obliged to fund stuff to that end. Despite all the rhetoric!!
They complaints team have admitted systematic failures within the ICB but still refuse to provide a care plan and indicate what services are needed to meet our relatives needs.
They need to be told that the absence of a plan is unlawful in terms of public law. I can’t help you via this resource but if you read the Care Act guidance it will give you a good start because it’s been written to match the case law.
Several attempts made by ourselves to resolve issues locally but the CHC/ ICB are not responding. We are really concerned our relative is suffering health issue due to delays in care.
Have tried to raise this as a safeguard but they will not process our request. Would the PSHO be able to help?
Yes but it would take forever. You need to skill up in relation to public law principles – and threaten judicial review IF your position is about financial insufficiency in relation to assessed deficits – for which you do need a care plan.
If you can’t see what the budget is supposed to cover you can’t tell if it’s a lawful assessment or a lawful sum of money allocated, even if it’s a PHB (direct payment) deployment option everyone is working towards. Most ICBs think that they can offer a sum and make you work within it. But that is arbitrary and destroys the nexus between the assessment of problems and deficits on the one hand and the scoring or allocation of pounds on the other – and the nexus between the cost of services per hour x the hours, and the actual cost of care in the market