Revision process under s27 Care Act - proportionate re-assessment, a new eligibility decision and fresh care planning Archives - Centre for Adults' Social Care - Analysis, Information and Dispute Resolution

When a local authority is made aware of the forthcoming closure (and planned subsequent demolition) of a registered care home, because of a commercial decision made by the provider rather than its business failure, which has a resident whose accommodation in that care home is part-funded by that local authority, does this event automatically trigger a requirement for that local authority to carry out a new needs assessment as per Section 9 et seq of the Care Act 2014 since that resident will have no choice but to change accommodation? If so, what are the relevant Care Act and case law references please.

Where a resident is about to experience such a set of events, and the need to move residential accommodation, then it would be necessary for the LA to undertake a re-assessment so to be able to consider their needs at a point relatively close to the closure. A proportionate [re-]assessment is made under s27 of […]

When a local authority is made aware of the forthcoming closure (and planned subsequent demolition) of a registered care home, because of a commercial decision made by the provider rather than its business failure, which has a resident whose accommodation in that care home is part-funded by that local authority, does this event automatically trigger a requirement for that local authority to carry out a new needs assessment as per Section 9 et seq of the Care Act 2014 since that resident will have no choice but to change accommodation? If so, what are the relevant Care Act and case law references please. Read More »

Is a local authority allowed to reduce a direct payment without proving the need it met no longer exists?

Leave a Comment / 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, Due Process requirements for revising any care or support plan based on the Care Act regime, Judicial Review, Q&As on Direct Payments, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, 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, Termination of a Direct Payment or PHB, The council's review of a Direct Payment Plan and Use of the Money / CASCAIDr

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

Is a local authority allowed to reduce a direct payment without proving the need it met no longer exists? Read More »

In March I successfully managed to get my partner’s care contributions reduced to nothing after submitting his disability related expenditure but today he has received a letter unexpectedly from a new social worker saying he needs a review and he only had one completed just before Christmas. (Checked and it’s not an admin error they intend to visit.) There is no reason we can think of why this is necessary and I’m worried this is happening because they want to reduce his care now that he’s no longer paying such a big contribution. Can they do this?

Leave a Comment / Charging and financial assessment, Disability Related Expenditure, DRE Q&As, Due Process requirements for revising any care or support plan based on the Care Act regime, Q&As on Disability Related Expenditure, 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

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

In March I successfully managed to get my partner’s care contributions reduced to nothing after submitting his disability related expenditure but today he has received a letter unexpectedly from a new social worker saying he needs a review and he only had one completed just before Christmas. (Checked and it’s not an admin error they intend to visit.) There is no reason we can think of why this is necessary and I’m worried this is happening because they want to reduce his care now that he’s no longer paying such a big contribution. Can they do this? Read More »

Does a service user in receipt of a long standing/approved direct payment budget need to sign a new direct payment contract every year when the funding is only increased to meet the new national minimum wage requirements?

Leave a Comment / Care Planning, Budgets and Choice Rights, Commissioner's circumstances - reductions due to financial resources difficulties & variations RE the manner of meeting needs, Contractual matters, Difference between the Direct Payment/PHB function and contracts between the holder and the service provider/employee, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Due process requirements associated with Direct Payments and Health Budgets, Due Process requirements for revising any care or support plan based on the Care Act regime, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Issues of importance to social care service providers, 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, Public law principles relevant to non-commissioned services, Q&As on Direct Payments, 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

No, the ‘contract’ with the council is not really a contract in the usual sense of the word. It’s more like a set of grant conditions without agreement to which, you won’t get a direct payment at all. So the only reason to be signing a new one would be that the wording in the

Does a service user in receipt of a long standing/approved direct payment budget need to sign a new direct payment contract every year when the funding is only increased to meet the new national minimum wage requirements? 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 »

When someone has an existing care package in place and their needs increase to such a point that they require two to one care, does the council have a duty to provide more money to fund a second carer, or can they force a reduction in the over all care hours to split the budget between two carers instead, leaving the service user with fewer hours support overall?

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, Direct Payments and Personal Health Budgets, 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, Eligibility under various legislative frameworks for care and support, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Impact in terms of the Care Act eligibility threshold, Person's own circumstances - the implication of increases and reductions or stabilisation of needs, 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), Reviews and revisions of Continuing NHS Healthcare and s 117 Aftercare plans, 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, The council's review of a Direct Payment Plan and Use of the Money / CASCAIDr

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

When someone has an existing care package in place and their needs increase to such a point that they require two to one care, does the council have a duty to provide more money to fund a second carer, or can they force a reduction in the over all care hours to split the budget between two carers instead, leaving the service user with fewer hours support overall? 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 »

If you increase the wage of your care workers in order to keep them, can you go to JR over the failure to provide suitable funds?

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Care Planning, Budgets and Choice Rights, Commissioner's circumstances - reductions due to financial resources difficulties & variations RE the manner of meeting needs, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Due Process requirements for revising any care or support plan based on the Care Act regime, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Judicial Review, Public law principles relevant to Care Planning, Q&As on Direct Payments, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, 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

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

If you increase the wage of your care workers in order to keep them, can you go to JR over the failure to provide suitable funds? Read More »

Who really has the right to decide on how and when a DP’s use can be changed?

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Commissioner's circumstances - reductions due to financial resources difficulties & variations RE the manner of meeting needs, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Discretionary charging for meeting a person's needs under the Care Act, Due Process requirements for revising any care or support plan based on the Care Act regime, 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, Person's own circumstances - the implication of increases and reductions or stabilisation of needs, Provider's circumstances - closures, service reconfigurations and staffing issues, Q&As on Care planning, Cuts, and Personal Budgets, Q&As on Direct Payments, 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, The conditions applicable to a Direct Payment under the Care Act compared to those applicable to PHBs, The council's review of a Direct Payment Plan and Use of the Money / CASCAIDr

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 »

Revision process under s27 Care Act – proportionate re-assessment, a new eligibility decision and fresh care planning