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
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 »
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
No, not in our view – NOT AT THE LEVEL OF POLICY – ie a stance applied to everyone. It is one of the great unresolved questions of the era, however, because no council has ever actually allowed itself to be judicially reviewed for imposing this stance on a specific person, with a) the mental
There is no clear answer to this question. Firstly it depends on the care plan – because if it’s in there, it must be funded. Secondly, self employed PAs would decide what to invoice for and it would be part of their fee, and their own expenses deduction from their income. Employed PAs are either
It’s very clearly unlawful under the Care Act (which is all part of the public law legal framework of this country) to have a policy or a practice edict for staff, with regard to care planning that either a) negates the statutory purpose of the legislationb) is flawed by some sort of error of law
Practical support for carers is a central aim behind the health and community care reforms. It might take the form of help with the nursing and personal care of the client, physical help, respite services, counselling, co-ordination of services, practical help, financial help in extreme cases, supervision, help with medicines etc, or even child care.
Carers’ Rights pre Care Act Read More »
The appellant Local Authority (H) sought to challenge an earlier ruling that they had negligently failed to protect the respondents (X and Y) from a sexual and physical attack by local youths. X and Y, a married couple with mild learning disabilities, lived with their children in local authority accommodation and were in receipt of