The duty to meet needs

Bolton Council castigated for treating 28 nights of respite entitlement in a formal care plan as somehow not triggering an absolute legal duty to provide for it

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Civil Proceedings, Financial Compensation and Restitution, Council's Complaint Procedure LGO, Delay and non-commissioning, Delay In General LGO, Duties and Discretions, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Intro to Ombudsman reports RE care planning, and personal budgets, Intro to Ombudsman reports RE Delay in General, Intro to Ombudsman reports RE Restitution, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Restitution LGO, Reviews and Revisions (cuts or changes to content), The duty to meet needs, The nature of the duty in light of adults' case law from the past, Timeliness and the duty to meet needs - unconscionable delay /

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 […]

Bolton Council castigated for treating 28 nights of respite entitlement in a formal care plan as somehow not triggering an absolute legal duty to provide for it Read More »

How do assessments remain ‘carer blind’ in situations where family members are involved and provide paid care via Direct Payments?

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Carer Q&As, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Due process in eligibility decision-making under the Care Act, Due process requirements for Lawful Assessment, Duties and Discretions, Eligibility Findings Q&As, Eligibility under various legislative frameworks for care and support, Employing family members with a Direct Payment or health budget, Legal rules as to what must be considered on Assessment, Q&As on Care planning, Cuts, and Personal Budgets, Q&As on Direct Payments, Q&As on Eligibility for funding or services, Q&As on Informal Carers, Reviews and Revisions (cuts or changes to content), Reviews, Revisions and Re-assessments under the Care Act, The duty to meet needs, The rights of carers, in relation to health and social care services and support, Universal duties to meet eligible unmet needs adequately and appropriately /

What they are paid to do, from the care plan, is simply ignored, for the purposes of considering the person’s inability to achieve and impact arising from that deficit, across the eligibility domains. The same rule is applied to the care paid for through any commissioned contract, otherwise nobody would ever have their full needs

How do assessments remain ‘carer blind’ in situations where family members are involved and provide paid care via Direct Payments? Read More »