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Decision date: 24 June 2024 Summary This was a charging complaint related to reablement – the free care that comes after hospital discharge if one is considered suited to that sort of service, the purpose being to help a person to preserve or regain the ability to live independently. Mrs Y was charged, by dint […]
Decision Date: 19 June 2024 Summary Mr X, an appointee for his daughter, Ms Y, and jointly responsible for her decision-making with Mrs X, complained that the Council misled him about the support hours Ms Y would receive after her move to a supported living facility. The Council was at fault for giving incorrect information
Decision date: 27 May 2024 Summary Bolton was found to have omitted to meet the need for respite breaks since the start of 2022, when it agreed to fund 28 overnight respite breaks a year. Restitution was required. During 2022 and 2023 Mr Y has spent nine nights in overnight respite care, out of a
Overview of relevant sections S18 sets out who is owed a duty. The duty to meet needs INCLUDES It does NOT include people whose eligible needs are being met by a carer willingly and ably, nor The duty arises after any eligible needs have been identified, and no signed-off plan is needed as such to
Care Planning under the Care Act Read More »
It is necessary to make several assumptions in answering this question. Firstly that the funding comes from Social Services and that the emergency either was in regards to your sister, or it directly affected her. We’re not sure that the emergency was simply that your parents were away for longer than the planned respite for
The care that is funded is arrived at by a mixture of professional judgment about the needs, and what will work to meet the needs to an acceptable standard in a civilised society and what that will COST in a realistic market. No ONE person’s needs will be the same as another’s – even if
No, there is no such easy solution possible, we are sorry to say. ‘A link to the legislation’ would involve the Care Act, the Direct Payment regulations and employment law obligations – which are another part of the law altogether – but the real problem is that the question you ask is a nuanced question
The regulations give examples here, but they are only examples, so nobody can be sure what the policy is supposed to be here. “non-care related support” includes support which consists of services or activities such as the provision of meals on wheels, shopping or transport services or recreational activities.” Is it non-hands-ON care, for instance?
Which services may come under the heading of ‘non-care’ Read More »
Yes and no. Nobody’s ability to pay charges affects whether or not they get care, under the Care Act. One’s contractual consent is not necessary – one is obliged to pay by the Care Act, once the charge is levied, but on the other hand, NOT paying does not mean that the council can stop
Councils need to meet needs in a way / setting / manner that is defensibly appropriate and adequate, taking account of the particular individual’s needs, and the duty to promote wellbeing as set out in s1 of the Care Act. This means that they are not allowed to just give a person or their family