Yes, as long as it follows due process and does not act unreasonably. The harsh and perhaps surprising answer is Yes, because in legal terms, after a period of a direct payment being in payment, the council is required to do a review and if it does a proper s27 revision exercise, it can reduce […]
In principle you need to check whether the letter says a FINANCIAL MEANS / charging review, or a Care Plan review. They are two different things. A Care Review cannot be scheduled just because the person has been able to get their charges down to nil through setting out their DRE. You could ask what
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
When needs change, in frequency, intensity, or complexity, or change nature, there needs to be a review to consider whether the plan and budget need to be revised. The plan and budget are needs led, so logically, an increase in needs means an increase in budget, OR a change in way needs are met. It
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
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
It depends on how specific your original care or support plan was in the first place, and the direct payments practice/policies of your council. The more specific, the more INPUT/task/service based the care or support plan was, the less flexibility you were given. The more OUTCOMES based it was, the more flexibility you were given,
No you cannot; you’ve decided to raise their wages, and that’s up to you; but the council’s obligation is to identify a rate that it thinks will enable you to attract and keep the member of staff. They do not have to jump to your generosity. You need to evidence the need to pay more
ouncils are in charge of direct payments under the legal framework. Revision of any care plan connotes some sort of re-assessment and fresh care planning process under the authority of the council. Section 33 says that they can impose conditions as they think fit, within some broad parameters regarding reasonableness, and that they can prohibit
Who really has the right to decide on how and when a DP’s use can be changed? Read More »
CASCAIDr’s CEO has long suggested during training sessions that mincing towards meanness is much harder to challenge, even with use of public law principles, in the context of adults’ social care or CHC services, than making a giant cut overnight. If commissioners aren’t care aware, and care managers and reviewers are risk averse or incentivised