Author name: CASCAIDr

West Sussex County Council mixes up eligibility and care planning thinking and disregards the statutory revision process

Decision Date:  29th June 2023 What happened Mrs B, a 92-year-old woman, had benefited from a care package from the Council since January 2018, after she was discharged from hospital with a spinal fracture.  Mrs B lived with her adult son who also had support needs. The social worker noted that Mrs B was able […]

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Kingston Upon Hull City Council found at fault for failing properly to respond to concerns of discriminatory practices

Decision Date: 26 March 2023 What happened Mr X complained to the Council that it did not have regard to its equality duties when implementing a scheme for people attending its theatres with their carers. He complained that it was harder for disabled people needing carers to attend with them, to book theatre tickets than non-disabled

Kingston Upon Hull City Council found at fault for failing properly to respond to concerns of discriminatory practices Read More »

I employ a number of staff using a Direct payment. Two members of staff have currently worked for me for 10 years each, always funded by DP. I budget for my various employer statutory and other obligations out of my DP eg holiday pay, insurance etc. I also budget for any redundancy payments that I might have to make in the future and have accumulated the contingency money I need to cover this in my direct payment account. Given the current social care climate, there is a realistic possibility that I might need to make staff redundant at some point if my package is cut.

The local authority has a right to claim back any unspent monies as it is public monies and therefore they make a responsibility that it should be spent wisely. That being said, as a Direct Payments user you are of course responsible for any costs that are associated with the costs of being an employer

I employ a number of staff using a Direct payment. Two members of staff have currently worked for me for 10 years each, always funded by DP. I budget for my various employer statutory and other obligations out of my DP eg holiday pay, insurance etc. I also budget for any redundancy payments that I might have to make in the future and have accumulated the contingency money I need to cover this in my direct payment account. Given the current social care climate, there is a realistic possibility that I might need to make staff redundant at some point if my package is cut. Read More »

East Sussex County Council at fault for incorrectly charging for care provisions. 

Decision Date: 20/11/2023 What happened Ms X, with complex health and mental health issues, moved to the area in 2020 and was referred to the Council. A social care needs assessment was conducted, resulting in a care and support plan, which Ms X initially cancelled. In April 2021, a new assessment proposed a care package

East Sussex County Council at fault for incorrectly charging for care provisions.  Read More »

Recent Local Government Finance Developments 

LAs in England receive funding from various sources, including central government grants, council tax, business rates, and fees and charges for services. The distribution of funding among LAs is determined through a complex formula known as the Local Government Finance Settlement. Unlike central government, LAs are not able to borrow to finance day-to-day spending, which

Recent Local Government Finance Developments  Read More »

Devon County Council fail to offer an interpreter despite being made aware of the need for one

What happened Mrs B lived with sciatica, a protruding intervertebral disc, and had recently had surgery and radiotherapy for breast cancer and was feeling weak. She applied to the Council for a Blue Badge in May 2023. The Council offered her a telephone assessment and provided information which said: ‘’Please let us know if you

Devon County Council fail to offer an interpreter despite being made aware of the need for one Read More »

Suffolk County Council at fault for improperly implementing its s117 aftercare duty

Decision Date: 27 Nov 2023 What happened Miss X complained that the Council, and Norfolk and Suffolk NHS Foundation Trust, did not assess her aftercare needs before she was discharged from Section 3 of the Mental Health Act (MHA) 1983.  She claimed that, following her discharge in June 2022, there was a complete lack of

Suffolk County Council at fault for improperly implementing its s117 aftercare duty Read More »

Norfolk County Council ignore the wishes of a joint LPAs when it came to concerns for their mother’s welfare

Decision Date: 15 November 2023 What happened Mrs C lived with dementia. She was married to Mr C and had two sons, Mr B and Mr D, both of whom shared Lasting Power of Attorney for Health and Welfare. Mr C is not their father.  Mrs C moved into The Gables care home in April

Norfolk County Council ignore the wishes of a joint LPAs when it came to concerns for their mother’s welfare Read More »

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