Having taken some time off from managing the flood of referrals received weekly about dodgy practice in adults’ social work, to read Mr Feldon’s article, in Community Care, my jaw dropped. It doesn’t feel as if nobody’s complaining, HERE! However, on a more careful reading, it may just be that it’d been inappropriately edited with […]
This is not a myth – not a complete one, anyway. But if that is what one is told by a council’s member of staff, one needs to think quite hard and check out the regulations. If one looks at the Care Act Direct Payment regulations, one finds that there is a particular condition that
“People’s relatives aren’t allowed to be paid out of a direct payment” Read More »
There are essentially two ways to take a personal budget – as a direct payment or as a ‘managed’ personal budget. ‘Managed’ – in this context – means the council’s officers making a contract for the service, in as personalised a way as a suitable provider will allow, or feel it would be necessary or
Direct payments were supposedly “the Government’s preferred mechanism for personalised care and support… “They provide independence, choice and control by enabling people to commission their own care and support in order to meet their eligible needs” … making people “free to choose how their needs are met, whether through local authority or third-party provision, by
Councils can change a care plan to save money. How they do it though, is the all important question, because there’s judicial review for decisions that have been driven by one thing only, or which have taken irrelevant considerations into account or been arrived at unfairly. The desire to save money, can only be one
Social care and health providers – care homes or personal care agencies, are, in the main, regulated activity providers, providing services for a fee, as a business or as a means of delivering public benefit, in support of a charitable purpose They are doing it from choice, not a duty. Having chosen to take on
Hyperventilating here…. What unbelievable flannel, in legal terms, from commissioners! First of all – any extras, in the sense of personal extras, like the glass of wine at night or the cost of hairdressing, etc, are matter of contract, based on offer and acceptance, and completely outside the governance of the local authority. The fact
“….after the assessment in which we found you were eligible…!!” It is true, in legal terms, that there are no duties to PROVIDE or ARRANGE to PROVIDE, any longer, on councils, under the Care Act. That concept has been supposedly ‘modernised’ into a duty to MEET one’s NEEDS. As before, there are several ways to
The decided cases with any bearing on this topic go back a long, way, back into the 1990s, in our view, and stem from the legal principle that cost is relevant to any public body as to HOW it meets needs, not WHETHER. And from the principle that where there is a duty, there must
Please use the hashtag in every tweet (copy and paste for speed) and A1, A 4, A10 etc, to tie your thoughts to the relevant question. Advice on how to set up streams on your twitter tool is here: For a stream for the whole chat, use #HosDisChat for the search instruction within Hootsuite: For
Questions for the CASCAIDr #HosDisChat 8pm 12 Dec Read More »