Social Inclusion, Leisure and Recreational Services

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 /

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 »

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 »

My LA plans to introduce ‘PTBs – personal travel budgets’ to meet eligible needs e.g. transport to a day service or a group etc.. A travel broker will decide the best and most cost-effective way for a person to travel using this budget. Is this in line with the Care Act?

Leave a Comment / Care Planning, Budgets and Choice Rights, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Duties and Discretions, Q&As on Direct Payments, Q&As on Transport in the context of services, Relevance of other agencies' duties for meeting need under s18 or s19 of the Care Act, Social Inclusion, Leisure and Recreational Services, The legal framework for assertion of rights to leisure, recreation and holidays, The range of services, items, facilities and responses able to be provided under the Care Act, Transport in the context of care planning under the Care Act, Transport Q&As, Transport to services in a care plan /

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My LA plans to introduce ‘PTBs – personal travel budgets’ to meet eligible needs e.g. transport to a day service or a group etc.. A travel broker will decide the best and most cost-effective way for a person to travel using this budget. Is this in line with the Care Act? Read More »

Social and recreational services

Leave a Comment / Care Planning, Budgets and Choice Rights, Social Inclusion, Leisure and Recreational Services, The legal framework for assertion of rights to leisure, recreation and holidays /

are provided under a number of different statutes: s2 CSDPA – for disabled people, including learning disabled services; s21 NAA – as ancillary provision or part of 24 hr care, for care home residents s21 NHSA – by way of prevention or care or aftercare of persons who have been ill, or who are at

Social and recreational services Read More »

Ealing London Borough Council, ex parte Leaman (The Times, 10 February 1984) (QBD)

Leave a Comment / Care Planning, Budgets and Choice Rights, Social Inclusion, Leisure and Recreational Services, The legal framework for assertion of rights to leisure, recreation and holidays /

Holiday – financial assistance – s2 Chronically Sick and Disabled Persons Act 1970 It was unlawful for the local authority to refuse to even consider granting financial assistance under s2 Chronically Sick and Disabled Persons Act 1970 because a holiday was arranged privately, instead of by the authority itself. The question for the authority was

Ealing London Borough Council, ex parte Leaman (The Times, 10 February 1984) (QBD) Read More »