Appropriateness, Sufficiency and Transparency of a care plan

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 »

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 /

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 »

Do you always need to be reassessed if you wish to use a pre-exisiting care package/budget differently, just to better meet needs, not because there’s been a change in them?

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Article 5 the right to liberty, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Direct Payments and Personal Health Budgets, 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, Fairness and due process in the context of care planning, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Human Rights principles relevant to care or support plan revisions, Legality, unlawfulness and error of law in the context of care planning, Person's own circumstances - the implication of increases and reductions or stabilisation of needs, Public law principles relevant to care or support plan revisions, Q&As on Care planning, Cuts, and Personal Budgets, Rationality and relevant considerations, in the context of care planning, Review of the Care Plan - scheduled, requested and urgent review, Reviews and Revisions (cuts or changes to content), 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 /

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,

Do you always need to be reassessed if you wish to use a pre-exisiting care package/budget differently, just to better meet needs, not because there’s been a change in them? Read More »

Re MN (Adult) [2015]

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Appropriateness, Sufficiency and Transparency of a care plan, Care Planning, Budgets and Choice Rights, Judicial Review, Public law principles relevant to care or support plan revisions, Public law principles relevant to Care Planning, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Reviews and Revisions (cuts or changes to content) /

Re MN (Adult) [2015] EWCA Civ 411 Keywords: Best interests decision making; limits of powers of CoP MN, a 22 year old man with profound disabilities, lacked capacity to make relevant decisions for himself. He was living in an adult residential placement RCH (having been in local authority care since age 8). MN’s parents, whilst

Re MN (Adult) [2015] Read More »

R (on the application of LH) v Shropshire Council [2014] EWCA Civ 404

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Fairness and due process in the context of care planning, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Judicial Review, Legality, unlawfulness and error of law in the context of care planning, Provider's circumstances - closures, service reconfigurations and staffing issues, Public law principles relevant to care or support plan revisions, Rationality and relevant considerations, in the context of care planning, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Reviews and Revisions (cuts or changes to content) /

LH was 64 years old and had a learning disability.  She had been assessed as having substantial care needs and had been using the services of Hartley’s Day Centre in Shrewsbury.  She attended the centre on a regular basis and had long-standing friendships with other users of the day centre.  Shropshire Council decided to close

R (on the application of LH) v Shropshire Council [2014] EWCA Civ 404 Read More »

Madden and others v Bury Metropolitan Borough Council (16 August 2002) (unreported) (QBD)

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Article 8 the right to respect for home, family, private life and correspondence, Fairness and due process in the context of care planning, Human Rights in health and Social Care, Legality, unlawfulness and error of law in the context of care planning, Public law principles relevant to care or support plan revisions, Reviews and Revisions (cuts or changes to content) /

Residential care home –– closure – consultation – duty to act fairly – human rights – privacy – family life The claimants were residents of Warthfield residential home in Bury, run by the local authority. M had been a resident of Warthfield for about a year and regarded it as his home. The second and

Madden and others v Bury Metropolitan Borough Council (16 August 2002) (unreported) (QBD) Read More »