Care And Health Law Q&As

Under section 117 aftercare would a mental health recommendation that someone needs two personal assistants or support staff to manage the impact their mental health has on their behaviour by providing consistent and structured support necessitate a review of their care plan?

Leave a Comment / Care Planning, Cuts and Personal Budgets Q&As /

A non-NHS consultant mental health specialist may well do a report about the person with the difficulties, but all that really does is flag up a line of thinking to be addressed by the actual decision-maker – ie the team responsible for s117 aftercare planning. A review should be able to be forced on the […]

Under section 117 aftercare would a mental health recommendation that someone needs two personal assistants or support staff to manage the impact their mental health has on their behaviour by providing consistent and structured support necessitate a review of their care plan? Read More »

My son now 49 is restricted and under 2.1 care 24/7; he has only been safeguarded in the last year, despite both the council and ICB knowing he did not have capacity since birth. Complaint with PHSO. What will happen, and how do i escalate if the PHSO rules that deprivation was unlawful?

Leave a Comment / Safeguarding, Harm, Deprivation of Liberty Q&As /

Because you have mentioned the Parliamentary and Health Service Ombudsman, I have to assume that your son has been in receipt of CHC – free care for someone with what is called primary health need – from the NHS.  If that is not the case, then he is a council client and you would be

My son now 49 is restricted and under 2.1 care 24/7; he has only been safeguarded in the last year, despite both the council and ICB knowing he did not have capacity since birth. Complaint with PHSO. What will happen, and how do i escalate if the PHSO rules that deprivation was unlawful? Read More »

Are there any legal channels or a formal process for the family to instigate to review the decision to move her (since this is purely a financial decisiojvsharp1986@gmail.com

Leave a Comment / Q&As on Failings regarding Assessments, Re-assessments, Reviews /

Yes. It’s a difficult thing for a council to pull off, lawfully, and they can be easily caught out. For instance, the family can say that she has not been reassessed, which is a legal pre-condition under s27(4) Care Act – the change in her presentation makes it a different matter now. They can also

Are there any legal channels or a formal process for the family to instigate to review the decision to move her (since this is purely a financial decisiojvsharp1986@gmail.com Read More »

Q: I have received notice of a nursing fee increase for a relative. I challenged the support hrs costed. He is in their low dependency unit where it’s categorised as “dependency level 16-19”. His support hours costed in, is 25 hours per week. But I can only account for 20hrs.

Leave a Comment / NHS CHC/ICB Q&As /

They have responded stating their minimum support hrs for the unit is 25 hrs week and anything on top will be costed as an addition. And that the balance of 5 hrs are for background support. Q1. Is there a minimum support hrs prescribed by any regulations for nursing homes?  A: No there is not.

Q: I have received notice of a nursing fee increase for a relative. I challenged the support hrs costed. He is in their low dependency unit where it’s categorised as “dependency level 16-19”. His support hours costed in, is 25 hours per week. But I can only account for 20hrs. Read More »

When a care and support plan review is carried out, is there a time limit for completing it – I have been answering questions despite requesting a light touch review, for 10 months now. It was stated 3 weeks ago that the review was completed, but now further queries have been presented which have already been asked and answered. Is the review a statutory process and what can one rely on to get it completed ?

Leave a Comment / Care Planning, Cuts and Personal Budgets Q&As /

The answer is found in s27 of the Care Act; and in the Guidance. Section 27 is what makes the duty to review a statutory duty. Then there’s the whole of chapter 13 about review. https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance#Chapter13 There’s no time limit for it, but since it should be done annually, 10 months and forgetting what’s already

When a care and support plan review is carried out, is there a time limit for completing it – I have been answering questions despite requesting a light touch review, for 10 months now. It was stated 3 weeks ago that the review was completed, but now further queries have been presented which have already been asked and answered. Is the review a statutory process and what can one rely on to get it completed ? Read More »

Are local authorities required to cover the cost of PPE for PA

Leave a Comment / Direct Payments Q&As /

Q: Are local authorities required to cover the cost of PPE for PAs funded by Direct Payments, if personal/incontinence care is in a care plan?  If so, are they responsible for ensuring costs cover the appropriate sized PPE (such as Large/XL gloves and aprons etc for male/larger PAs)? And if a service user has been

Are local authorities required to cover the cost of PPE for PA Read More »

Can a Council apply home care charges for retainer fees it pays to care providers in Supported Living accommodation when the service user (my daughter) is out of the country on a family holiday and therefore is not actually in receipt of any care services?

Leave a Comment / Charging and Financial Assessment Q&As, Choice of Accommodation and Top-Ups Q&As, Q&As on Charging and Financial Assessment /

I have thought about this in the context of work not done but agreed to be paid for, as to which there are contradictory ombudsman’s decisions but no case law that I can find. Some of the LGSCO say that if the contract with the supported living provider provides for payment regardless of whether the

Can a Council apply home care charges for retainer fees it pays to care providers in Supported Living accommodation when the service user (my daughter) is out of the country on a family holiday and therefore is not actually in receipt of any care services? Read More »

We provide residential and nursing care to the Jewish community in Manchester. I have tried to search for examples regarding where the Council has undertaken an assessment but failed to recognize people’s cultural and religious needs and preferences. We find that potential residents are being told that the choice of our accommodation is too expensive and that they will have to choose a non-Jewish home.

Leave a Comment / Care Planning, Cuts and Personal Budgets Q&As /

Answer: that’s a position that can be criticised on several fronts from a legal perspective. For instance, it is a failure to have regard to article 9 in the Human Rights framework (freedom to manifest one’s religion), failure to consider article 8, (respect for one’s private life) and might be an actual breach of human rights, depending

We provide residential and nursing care to the Jewish community in Manchester. I have tried to search for examples regarding where the Council has undertaken an assessment but failed to recognize people’s cultural and religious needs and preferences. We find that potential residents are being told that the choice of our accommodation is too expensive and that they will have to choose a non-Jewish home. Read More »

Does the Care Act as replacement of CRAG obviate Palfrey, in that residential financial assessments that include a jointly-owned property not subject to disregard now consider the person’s share of the property’s overall value, rather than the market value of the person’s share of the property?

Leave a Comment / Charging and financial assessment, Charging and Financial Assessment Q&As, Q&As on Charging and Financial Assessment /

We don’t know of any decision that has overridden the Palfrey decision. If you are living in a multigenerational family with people who do not count as cohabitees or spouses are the owners as tenants in common, I think it is obvious that the share of the person needing care cannot be treated as automatically

Does the Care Act as replacement of CRAG obviate Palfrey, in that residential financial assessments that include a jointly-owned property not subject to disregard now consider the person’s share of the property’s overall value, rather than the market value of the person’s share of the property? Read More »

Adult relative with severe learning disability and health needs[ lacks capacity and has a deputy with COP with health/finances] has no care plan for his PHB with their ICB.

Leave a Comment / NHS CHC/ICB Q&As /

ICBs are legally obliged to produce and maintain care plans even though CHC framework is non- statutory.  They have been forced to pay for services which is leaving both the person and their family in debt. This is too ambiguous for me to grapple with.  It might mean that the budget is insufficient as a

Adult relative with severe learning disability and health needs[ lacks capacity and has a deputy with COP with health/finances] has no care plan for his PHB with their ICB. Read More »