Carer Q&As Archives - Centre for Adults' Social Care - Analysis, Information and Dispute Resolution

If some parts of the needs of a person eligible for support under the Care Act are what social care deem to be ‘health needs’ , but they do not meet the threshold for NHS CHC, would it be defensible for a local authority to leave someone without that support?

If some parts of the needs of a person eligible for support under the Care Act are what social care deem to be ‘health needs’ , but they do not meet the threshold for NHS CHC, would it be defensible for a local authority to leave someone without that support? For example, someone who needs […]

If an informal carer has a carer’s support plan (even if called something wishy washy like a ‘conversation with carer’ instead

Do people need to have carers come into their home for a period of time (24/7 for 3 weeks) just to assess their needs in order for them to get a direct payment?

Leave a Comment / Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Carer Q&As, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Q&As on Direct Payments, Q&As on Informal Carers, The rights of carers, in relation to health and social care services and support / Gabe

No council would be able to afford to have an assessor in a person’s home for 3 weeks, but councils often expect to ask to use technology – and it’s not unreasonable of them, since they are spending public money and do have to be satisfied as to needs. Obviously they can’t expect to put

Do people need to have carers come into their home for a period of time (24/7 for 3 weeks) just to assess their needs in order for them to get a direct payment? Read More »

I made a complaint about my carer’s direct payment as, despite my needs increasing since the previous review and an agreement that my care package would include the increase, I was told that the DP would remain the same. Is this legally correct?

I asked for a copy of how the DP had been calculated as I had sent my own calculations showing there was no way I could reach the outcomes of the package on the DP allocated. I labelled the letter as a formal complaint and sent it to the complaints team at the LA. It

I made a complaint about my carer’s direct payment as, despite my needs increasing since the previous review and an agreement that my care package would include the increase, I was told that the DP would remain the same. Is this legally correct? Read More »

Could you give a link to the Government legislation regarding Direct Payment Rates for paying Personal Assistants? Particularly regarding and how much (or little) lee-way individual councils have in saying how much carers can be paid?

Leave a Comment / Assessment and Eligibility, Being an Authorised Person for holding a direct payment or PHB for someone else's benefit, Care Planning, Budgets and Choice Rights, Carer Q&As, 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, Discretionary charging for meeting a person's needs under the Care Act, Duties and Discretions, Professional judgment versus discretion in the context of duties and powers under the Care Act, Q&As on Direct Payments, Q&As on Informal Carers, Relevance of other agencies' duties for meeting need under s18 or s19 of the Care Act, The conditions applicable to a Direct Payment under the Care Act compared to those applicable to PHBs, The duty to act under the Care and Support Guidance (and other such Codes or Frameworks), 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, The rights of carers, in relation to health and social care services and support, Universal duties to meet eligible unmet needs adequately and appropriately, Using a Direct Payment or PHB to pay Close Family Members in the same household, What it means to ask for a Direct Payment or PHB under the Care Act, the Mental Health Act and NHS Continuing Healthcare / CASCAIDr

No, there is no such easy solution possible, we are sorry to say. ‘A link to the legislation’ would involve the Care Act, the Direct Payment regulations and employment law obligations – which are another part of the law altogether – but the real problem is that the question you ask is a nuanced question

Could you give a link to the Government legislation regarding Direct Payment Rates for paying Personal Assistants? Particularly regarding and how much (or little) lee-way individual councils have in saying how much carers can be paid? Read More »

I live with my twin brother who requires a lot of personal care (Aspergers, MECFS and had a massive stroke in 2018) but over the last two years it’s been impossible to recruit and retain PAs, because where we live is quite rural and his needs are demanding and unpredictable. We have a family friend who uses his direct payments to pay for his family who live with him for the care they give, so we asked the social worker if I could be paid to care for my brother while we live together. The social worker said it could be agreed because of the situation, but she told me if I received pay to care and my brother (who owns the house) needed to go into a care home at some point in the future they would be able to force the sale of the house to pay for his care, meaning I’d be made homeless and lose my inheritance. Is this true?

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Carer Q&As, Direct Payments and Personal Health Budgets, Eligibility Findings Q&As, Employing family members with a Direct Payment or health budget, Housing Q&As, How housing rights fit in with the Care Act, Public law principles relevant to Care Planning, Q&As on Eligibility for funding or services, Q&As on Housing, Q&As on Informal Carers, Supported Living and Care, The rights of carers, in relation to health and social care services and support, Using a Direct Payment or PHB to pay Close Family Members in the same household / CASCAIDr

This is really more of a referral than a one off question, but at a level of PRINCIPLE we can say this: A person with a direct payment which is insufficient to recruit PAs shoulda) challenge the sufficiency of the personal budget, evidencing the efforts they have made to recruitb) ask the council to agree

I live with my twin brother who requires a lot of personal care (Aspergers, MECFS and had a massive stroke in 2018) but over the last two years it’s been impossible to recruit and retain PAs, because where we live is quite rural and his needs are demanding and unpredictable. We have a family friend who uses his direct payments to pay for his family who live with him for the care they give, so we asked the social worker if I could be paid to care for my brother while we live together. The social worker said it could be agreed because of the situation, but she told me if I received pay to care and my brother (who owns the house) needed to go into a care home at some point in the future they would be able to force the sale of the house to pay for his care, meaning I’d be made homeless and lose my inheritance. Is this true? Read More »

What considerations does a social worker need to have when an adult with eligible needs has NRPF and what additional steps are required in the assessment process?

Leave a Comment / Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Carer Q&As, Eligibility Findings Q&As, Ordinary Residence, Ordinary residence scenarios based on the principles in the legal framework, Q&As on Care planning, Cuts, and Personal Budgets, Q&As on Eligibility for funding or services, Q&As on Informal Carers, The rights of carers, in relation to health and social care services and support / CASCAIDr

This is too long a question to be answered by this service but the answer can be googled and found here: https://guidance.nrpfnetwork.org.uk/reader/practice-guidance-adults/ (which does not mention the Aburas case, despite being dated March 2023, so it is not the be all and end all on the subject, in our view) https://england.shelter.org.uk/professional_resources/legal/housing_options/help_for_people_ineligible_for_housing_or_benefits/restrictions_on_community_care_help_for_people_from_abroad (not sure when last

What considerations does a social worker need to have when an adult with eligible needs has NRPF and what additional steps are required in the assessment process? Read More »

Can I challenge Social Care on failing to meet my needs as a carer?

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Assessment and Eligibility, Assessment of carers under s10 of the Care Act, Care Planning, Budgets and Choice Rights, Carer Q&As, Eligibility Findings Q&As, Meeting eligible carers' needs, Public law principles relevant to Care Planning, Q&As on Eligibility for funding or services, Q&As on Informal Carers, Rationality and relevant considerations, in the context of care planning, The rights of carers, in relation to health and social care services and support / CASCAIDr

Yes, but only if you have gone through s10 Carer’s Assessment process, and been found eligible for support, and yet refused the funding for the rational cost of meeting your support needs. Putting this another way, they are the decision makers as to what they feel they must support or otherwise, but they are bound

Can I challenge Social Care on failing to meet my needs as a carer? Read More »

Can a local authority force a carer to continue providing care after they have said they will not or cannot carry on providing that care?

Leave a Comment / Assessment and Eligibility, Carer Q&As, Q&As on Informal Carers, The legal position regarding carers' decisions to withdraw or reduce informal care provision, The rights of carers, in relation to health and social care services and support / CASCAIDr

There is no legal duty on anyone in England to care for another person. So the answer is no, not if a carer can show they have CLEARLY told the local authority or relevant funder that they are not willing or not able to do so. Ignoring the carer’s stance or withdrawal would be a

Can a local authority force a carer to continue providing care after they have said they will not or cannot carry on providing that care? Read More »