Appropriateness, Sufficiency and Transparency of a care plan Archives - Centre for Adults' Social Care - Analysis, Information and Dispute Resolution

I live with my twin brother who requires a lot of personal care (Aspergers, MECFS and had a massive stroke in 2018) but over the last two years it’s been impossible to recruit and retain PAs, because where we live is quite rural and his needs are demanding and unpredictable. We have a family friend who uses his direct payments to pay for his family who live with him for the care they give, so we asked the social worker if I could be paid to care for my brother while we live together. The social worker said it could be agreed because of the situation, but she told me if I received pay to care and my brother (who owns the house) needed to go into a care home at some point in the future they would be able to force the sale of the house to pay for his care, meaning I’d be made homeless and lose my inheritance. Is this true?

This is really more of a referral than a one off question, but at a level of PRINCIPLE we can say this: A person with a direct payment which is insufficient to recruit PAs shoulda) challenge the sufficiency of the personal budget, evidencing the efforts they have made to recruitb) ask the council to agree […]

I live with my twin brother who requires a lot of personal care (Aspergers, MECFS and had a massive stroke in 2018) but over the last two years it’s been impossible to recruit and retain PAs, because where we live is quite rural and his needs are demanding and unpredictable. We have a family friend who uses his direct payments to pay for his family who live with him for the care they give, so we asked the social worker if I could be paid to care for my brother while we live together. The social worker said it could be agreed because of the situation, but she told me if I received pay to care and my brother (who owns the house) needed to go into a care home at some point in the future they would be able to force the sale of the house to pay for his care, meaning I’d be made homeless and lose my inheritance. Is this true? Read More »

Is the amount of care a person receives dependent on how much charge for care/contribution a person is assessed to make?

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Direct Payments and Personal Health Budgets, Due process rights in care planning, Legality, unlawfulness and error of law in the context of care planning, Public law principles relevant to Care Planning, Q&As on Care planning, Cuts, and Personal Budgets, The council's review of a Direct Payment Plan and Use of the Money / CASCAIDr

Every word counts here. The care a person is supposed to have funded in a care plan does not depend on their contribution. A person’s charges are calculated on the basis of 2 sets of means testing rules (one for care at home, and one for care in a care home). The maximum amount can

Is the amount of care a person receives dependent on how much charge for care/contribution a person is assessed to make? Read More »

I care for a disabled adult and I’ve heard social workers claim it would be more cost effective to put him in residential care. I understand the council can’t force this but are they able to stop paying or limit/reduce his care funding to indirectly leave him with no choice?

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Article 14 freedom from discrimination in the context of one's human rights, Article 5 the right to liberty, Article 8 the right to respect for home, family, private life and correspondence, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Charging and financial assessment, Choice of Accommodation post Care Act, Commissioner's circumstances - reductions due to financial resources difficulties & variations RE the manner of meeting needs, Direct Payments and Personal Health Budgets, Due process requirements associated with Direct Payments and Health Budgets, Due process rights in care planning, Duties and Discretions, Fairness and due process in the context of care planning, Fees Issues with the Public Sector, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Human Rights relevant to Care Planning, Issues of importance to social care service providers, Public law principles relevant to Care Planning, Q&As on Care planning, Cuts, and Personal Budgets, Reviews and Revisions (cuts or changes to content), The conditions on which choice of accommodation depends, The irrelevance of a council's financial resources for whether a need is met; relevant only for HOW, The significance of an arbitarily/indefensibly low rate to meet a person's need for Choice of Accommodation challenges, Top ups and Additional Payments / CASCAIDr

First of all, they CAN do this – cost effectiveness is a lawful consideration to inform the council’s decision as to what to offer. But they have to go through hoops in the Care Act, like finding somewhere that’s actually suitable, with a vacancy that DOES cost less for a proper package of care, with

I care for a disabled adult and I’ve heard social workers claim it would be more cost effective to put him in residential care. I understand the council can’t force this but are they able to stop paying or limit/reduce his care funding to indirectly leave him with no choice? Read More »

Can I challenge Social Care on failing to meet my needs as a carer?

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Assessment and Eligibility, Assessment of carers under s10 of the Care Act, Care Planning, Budgets and Choice Rights, Carer Q&As, Eligibility Findings Q&As, Meeting eligible carers' needs, Public law principles relevant to Care Planning, Q&As on Eligibility for funding or services, Q&As on Informal Carers, Rationality and relevant considerations, in the context of care planning, The rights of carers, in relation to health and social care services and support / CASCAIDr

Yes, but only if you have gone through s10 Carer’s Assessment process, and been found eligible for support, and yet refused the funding for the rational cost of meeting your support needs. Putting this another way, they are the decision makers as to what they feel they must support or otherwise, but they are bound

Can I challenge Social Care on failing to meet my needs as a carer? Read More »

Can the council lawfully withhold the increase to meet new minimum wage rates, if a contract is not signed before the increase is required to be paid to a PA?

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Care Planning, Budgets and Choice Rights, Charging and financial assessment, Charging and Financial Assessment Q&As, Contractual matters, Direct Payments and Personal Health Budgets, Due process requirements associated with Direct Payments and Health Budgets, Fees Issues with the Public Sector, Issues of importance to social care service providers, Legality, unlawfulness and error of law in the context of care planning, Public law principles relevant to Care Planning, Q&As on Charging and Financial Assessment / CASCAIDr

It is not the law that all a council ever has to pay is the NMW, but assuming that you know that that is case, when asking your question, the national minimum wage applies as of the date it is increased in April every year – so it would not be lawful for the employer

Can the council lawfully withhold the increase to meet new minimum wage rates, if a contract is not signed before the increase is required to be paid to a PA? Read More »

Can the LA refuse to pay costs incurred by a PA (that they are funding to meet eligible need) such as mileage, expenses while out supporting the individual such as meals/entrance fees etc?If they cannot refuse, how does the LA work out how much to provide to allow for variable allowances?

1 Comment / Appropriateness, Sufficiency and Transparency of a care plan, Appropriateness, Sufficiency and Transparency of a care plan, Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Charging for transport provided or allowing a disregard from income for transport privately provided, Direct Payments and Personal Health Budgets, Due process in eligibility decision-making under the Care Act, Due Process requirements for revising any care or support plan based on the Care Act regime, Due process rights in care planning, Duties and Discretions, Eligibility under various legislative frameworks for care and support, Fairness and due process in the context of care planning, Human Rights obligations related to publicly funded care through private companies, Involvement and advocacy rights for a Care Act revision process, Issues of importance to social care service providers, Options for challenging the legitimacy of the Care Plan (content or value), Public law principles relevant to care or support plan revisions, Public law principles relevant to Care Planning, Q&As on Care planning, Cuts, and Personal Budgets, Review of the Care Plan - scheduled, requested and urgent review, Reviews and Revisions (cuts or changes to content), Revision process under s27 Care Act - proportionate re-assessment, a new eligibility decision and fresh care planning, Social Inclusion, Leisure and Recreational Services, The council's review of a Direct Payment Plan and Use of the Money, The law about the content of the Care Plan under the Care Act, 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, Top ups and Additional Payments, Transport to services in a care plan / CASCAIDr

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

Can the LA refuse to pay costs incurred by a PA (that they are funding to meet eligible need) such as mileage, expenses while out supporting the individual such as meals/entrance fees etc?If they cannot refuse, how does the LA work out how much to provide to allow for variable allowances? Read More »

I have an existing care package via direct payments and require a substantial amount of day and night care, and to better meet my needs and keep costs down, my local council have agreed to pay my cohabiting sibling to provide the majority of my care. However, the council now claims that they do not have to pay for any night care provided by my sibling, despite this being an assessed need and knowing I require a minimum of four interventions during the night. My sibling has made it clear they are not able to provide night time care unpaid, but this is being ignored by the council. Is this lawful practice?

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Due process requirements associated with Direct Payments and Health Budgets, Employing family members with a Direct Payment or health budget, Legality, unlawfulness and error of law in the context of care planning, Public law principles relevant to Care Planning, Q&As on Direct Payments, The legal position regarding carers' decisions to withdraw or reduce informal care provision, The rights of carers, in relation to health and social care services and support, Using a Direct Payment or PHB to pay Close Family Members in the same household / CASCAIDr

This is more of a matter suited to a referral, because important facets of this problem may make a big difference. The answer on the facts provided is that if you need active intervention at night that would involve someone who is not sleeping in the same bed as yourself, to get up and deal

I have an existing care package via direct payments and require a substantial amount of day and night care, and to better meet my needs and keep costs down, my local council have agreed to pay my cohabiting sibling to provide the majority of my care. However, the council now claims that they do not have to pay for any night care provided by my sibling, despite this being an assessed need and knowing I require a minimum of four interventions during the night. My sibling has made it clear they are not able to provide night time care unpaid, but this is being ignored by the council. Is this lawful practice? Read More »

What is the correct course of action for a person who has not had an uplift in their budget or package for 10 years and is now being refused one?

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Assessment and Eligibility, Assessment under the Care Act, Care Planning obligations and remedies for breach of those duties, under legislation other than the Care Act, Care Planning, Budgets and Choice Rights, Due process requirements for Lawful Assessment, Due Process requirements for revising any care or support plan based on the Care Act regime, Due process rights in care planning, Failings to Assess, Reassess, Review Q&As, Legality, unlawfulness and error of law in the context of care planning, Legality, unlawfulness and error of law in the context of care planning, Public law principles relevant to care or support plan revisions, Public law principles relevant to Care Planning, Q&As on Failings regarding Assessments, Re-assessments, Reviews, Review of the Care Plan - scheduled, requested and urgent review, Reviews and Revisions (cuts or changes to content), Reviews, Revisions and Re-assessments under the Care Act, Revision process under s27 Care Act - proportionate re-assessment, a new eligibility decision and fresh care planning / CASCAIDr

If a person had not requested an uplift for 10 years, then no obvious breaches would be implied, because review was only required by the Guidance under the old law, ie before 1st April 2015. But it would mean that the person had potentially never been assessed through the Care Act criteria and would have

What is the correct course of action for a person who has not had an uplift in their budget or package for 10 years and is now being refused one? Read More »

What is the difference between an assessment and a review? And do social workers need to be upfront about which they’re conducting?

Leave a Comment / Advocacy, Involvement and Participation, Advocacy, Involvement, Participation, Information rights and Consultation, Appropriateness, Sufficiency and Transparency of a care plan, Appropriateness, Sufficiency and Transparency of a care plan, Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Data Protection Legislation in Adult Social or Health Care, Due process in eligibility decision-making under the Care Act, Due process requirements for Lawful Assessment, Due Process requirements for revising any care or support plan based on the Care Act regime, Due process rights in care planning, Eligibility under various legislative frameworks for care and support, Failings to Assess, Reassess, Review Q&As, Information sharing to relatives, advocates and outsiders to the statutory process, Involvement and advocacy rights for a Care Act revision process, Involvement in Care Planning during the process (all types of care planning for adults), Public law principles relevant to care or support plan revisions, Public law principles relevant to Care Planning, Q&As on Failings regarding Assessments, Re-assessments, Reviews, Review of the Care Plan - scheduled, requested and urgent review, Reviews and Revisions (cuts or changes to content), Revision process under s27 Care Act - proportionate re-assessment, a new eligibility decision and fresh care planning / CASCAIDr

An assessment identifies the person’s full extent of difficulties having anything to do with a need for care or support.A review is a look at a care or support plan to see how it has been working to achieve the meeting of need.A re-assessment is something that one must have before anyone revises one’s current

What is the difference between an assessment and a review? And do social workers need to be upfront about which they’re conducting? Read More »

Court of Protection Hearing (COP 13679387) before District Judge Brown sitting at Bristol Civil & Family Justice Centre was heard remotely on 2nd March 2023

Leave a Comment / Accommodation rights associated with CHC (Care home placements and supported living through the ICB’s plan), Appropriateness, Sufficiency and Transparency of a care plan, Care Planning and reviews for CHC patients in light of Public Law Principles, Care Planning, Budgets and Choice Rights, Hospital Discharge and CHC status, interim care, rehabilitation and reablement, How NHS services and Continuing NHS Health Care fit in with the Care Act, Public law principles relevant to Care Planning, The ICB’s duties and challenging the decision / CASCAIDr

Taken from Open Justice Court of Protection Project article Injunction against a mother biting the bullet– By Avaia Williams (Barrister in training) – 8 March 2023 DS is a man in his early thirties. He has a profound learning disability, spastic quadriplegic cerebral palsy, does not communicate in words and has been assessed as lacking

Court of Protection Hearing (COP 13679387) before District Judge Brown sitting at Bristol Civil & Family Justice Centre was heard remotely on 2nd March 2023 Read More »