The duty to promote Wellbeing under the Care Act

Part 8.2 of the Care Act guidance relates to encouraging people to plan for future costs of education – 1) how does this work? 2) How is this accommodated within a financial assessment? 3) Can the cost of a future degree course be submitted as a DRE?

Leave a Comment / Assessment and Eligibility, Charging and financial assessment, Disability Related Expenditure, DRE Q&As, Eligibility under various legislative frameworks for care and support, Q&As on Disability Related Expenditure, The duty to promote Wellbeing under the Care Act /

It is an exhortation only, related to the duty to promote wellbeing in all Care Act functions, which includes economic wellbeing. If a person needs to pay for education, they could spend the money, incur debt, pay interest on a loan, and ask the council to all for it with regard to the charging assessment. […]

Part 8.2 of the Care Act guidance relates to encouraging people to plan for future costs of education – 1) how does this work? 2) How is this accommodated within a financial assessment? 3) Can the cost of a future degree course be submitted as a DRE? Read More »

What can carers/families do to build the evidence/reasoning for needing a particular thing to meet the need to be included in a care and support plan?

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Carer Q&As, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Due process in eligibility decision-making under the Care Act, Due process rights in care planning, Eligibility under various legislative frameworks for care and support, Involvement in Care Planning during the process (all types of care planning for adults), Legal rules as to what must be considered on Assessment, Q&As on Direct Payments, Q&As on Informal Carers, The duty to promote Wellbeing under the Care Act, The rights of carers, in relation to health and social care services and support /

They have to focus on history, diagnosis, what they can muster up from the internet or reputable outside experts, and in particular reasons for their assertions that without that thing or that funding, such and such is either very likely to occur, or even if less likely, of such extreme significance to the person’s wellbeing

What can carers/families do to build the evidence/reasoning for needing a particular thing to meet the need to be included in a care and support plan? Read More »

Is it lawful for a Council to say they won’t pay for gym membership to meet need?

Leave a Comment / Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Charging and financial assessment, Complaints System and the Ombudsmen, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Disability Related Expenditure, Duties and Discretions, Eligibility under various legislative frameworks for care and support, Judicial Review, Local Authorities’ Monitoring Officer, Personal Health Budgets differentiated from Direct Payments, Q&As on Care planning, Cuts, and Personal Budgets, Q&As on Direct Payments, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Social Inclusion, Leisure and Recreational Services, The duty to promote Wellbeing under the Care Act, The legal framework for assertion of rights to leisure, recreation and holidays, The range of services or items on which a direct payment or PHB can lawfully be spent and those on which it cannot be spent, The range of services, items, facilities and responses able to be provided under the Care Act /

It all depends on their reasons given.  a) A need for nutrition and hydration couldn’t logically be met by a gym membership.  b) A community gym which is accessible for free to anyone with a particular disability status, would not have to be paid for, thus the whole cost of a different preferred gym could

Is it lawful for a Council to say they won’t pay for gym membership to meet need? Read More »

A Local Authority has stated they do not fund holidays or pa travel expenses- is this lawful?

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Eligibility under various legislative frameworks for care and support, Legal rules as to what must be considered on Assessment, Q&As on Direct Payments, The duty to promote Wellbeing under the Care Act /

No, it is not; it is a policy that is unlawful in the light of the BG v Suffolk case from 2021. Financial assistance for holidays, in the context of either respite or accessing the community, and for any aspect of that holiday if there is nobody willing to pay for it, cannot be excluded

A Local Authority has stated they do not fund holidays or pa travel expenses- is this lawful? Read More »

Equipment Services

Leave a Comment / Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Eligibility under various legislative frameworks for care and support, Equipment services, Historical, Historical Equipment services, Impact in terms of the Care Act eligibility threshold, The duty to promote Wellbeing under the Care Act, The legal framework for which agency is responsible for various types of equipment, The meaning of ‘Unable to Achieve’ for Care Act purposes, The role of occupational therapist in adult social care and continuing nhs healthcare /

The Department of Health has provided guidance for planning in this field under HSC 2001/008 and LAC (2001)13. The guidance refers officers and authorities to the NHS Plan, and its proposals for modernising and streamlining the equipment services currently provided by both local authorities and the HS. Intermediate care monies and the Health Act flexibilities for joint

Equipment Services Read More »

R (on the application of MM) (BY HIS MOTHER & LITIGATION FRIEND, TM) v HOUNSLOW LONDON BOROUGH COUNCIL (2015)

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Children Act 1989 services, Delay, Direct Payments and Personal Health Budgets, Due process requirements associated with Direct Payments and Health Budgets, Due process requirements for Lawful Assessment, Eligibility under various legislative frameworks for care and support, Employing family members with a Direct Payment or health budget, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Impact in terms of the Care Act eligibility threshold, Judicial Review, Personal Health Budgets differentiated from Direct Payments, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Section 17 services for children in need, The duty to promote Wellbeing under the Care Act, Using a Direct Payment or PHB to pay Close Family Members in the same household /

R (on the application of MM) (BY HIS MOTHER & LITIGATION FRIEND, TM) v HOUNSLOW LONDON BOROUGH COUNCIL (2015) Keywords: Disabled children, parent carer, assessment, eligibility criteria This case concerns events which occurred prior to the implementation of EHC plans under the Children and Families Act 2014. However, the core issues relate to social care

R (on the application of MM) (BY HIS MOTHER & LITIGATION FRIEND, TM) v HOUNSLOW LONDON BOROUGH COUNCIL (2015) Read More »

Lindley v Tameside Metropolitan Borough Council [2006] EWHC 2296 (Admin)

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, Eligibility under various legislative frameworks for care and support, The duty to promote Wellbeing under the Care Act /

The claimant (L) suffered from cerebral palsy.  He was 69 years old and doubly incontinent.  He also had arthritis and dysarthia, a speech impediment.  He was on any view a seriously disabled man who needed 24-hour care.  For the past 20 years he had lived at Katherine House (KH) a care home run by the

Lindley v Tameside Metropolitan Borough Council [2006] EWHC 2296 (Admin) Read More »

Berkshire County Council, ex p Parker [1996] LGR 449 (QBD)

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Eligibility under various legislative frameworks for care and support, The duty to promote Wellbeing under the Care Act /

Duty to assess – s47 NHSCCA 1997 – s21 NAA 1948 – statutory construction A local authority has a duty to assess persons in apparent need under s47(1) National Health Service and Community Care Act 1997, for all community care services which the local authority has power to provide, regardless of whether or not in

Berkshire County Council, ex p Parker [1996] LGR 449 (QBD) Read More »