Options for management of a Direct Payment or PHB and options for getting help to manage it

Can you please tell me if I have any legal right to switch the company that manages my direct payment for me?

It depends on what the relationship is between you and that company and how its services are funded. If the organisation is one that you have been funded to choose and contract with, then yes you can switch, as long as you give notice to the current service provider. You may need to find another, […]

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Do service users have any right to access records and admin concerning their accounts if they have a managed account?

It depends who is the manager and what is meant by a managed account. A commissioned budget spent on services contracted to the council, is the council’s business, not the client’s.  A budget which has been converted into a direct payment in the person’s own name will be held in a bank account in their

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Can a social worker/panel defend paying a Direct Payment holder’s PA less than the council’s commissioned rates to companies for the same sort of service? For example, could they say we’re only going to pay a flat rate for night care, rather than the hourly rate the council policy allows for both waking and night sits?

Yes, because a direct payment holder is not running a business, and is not taking on a statutory duty of the council towards others. That is not to say however, that a market rate for a particular sort of skill would never be higher in the direct payment PA market than the rate paid to agencies,

Can a social worker/panel defend paying a Direct Payment holder’s PA less than the council’s commissioned rates to companies for the same sort of service? For example, could they say we’re only going to pay a flat rate for night care, rather than the hourly rate the council policy allows for both waking and night sits? Read More »

When it comes to a DP, who actually gets to decide the hourly/nightly rate of pay for DP’s?

The employer decides what s/he wants to pay in light of the market – and the skill, profile of availability and scope of the role – in private law terms under employment law. But the direct payment council decides what it thinks the employer is going to NEED to pay to attract staff – because

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Should an LA make Direct Payment holders aware that they can use another organisation for support in discharging an employer’s obligations, or is doing this by request only? And should the LA pay any additional fees that such an organisation charges to support the employer?

It’s completely up to the council and its attitude to whether it wants to see DPs grow, or grow but keep control of them.  Councils are told that they should offer help to manage, but it’s a power only. So if you NEED help, cognitively, or to encourage you, and you haven’t got anyone to

Should an LA make Direct Payment holders aware that they can use another organisation for support in discharging an employer’s obligations, or is doing this by request only? And should the LA pay any additional fees that such an organisation charges to support the employer? Read More »

Disability discrimination

Originally, the approach to a prohibition on discrimination in England and Wales developed due to the UK’s membership of the European Economic Community, and as such centred very much on outlawing differential treatment on the basis of race and sex, in the economic area of employment and service provision. Over the last twenty years the

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