Disputing soc services assessment?

churchrat

Hi
I am trying to overturn a soc services assessment of my cousin, T, who has learning disabilities.

I feel he needs help which they are not prepared to fund.

Has anyone ever done this?
What was the outcome?

any advice to offer VERY gratefully received!:D

skater_kat

is he on a low income?
he could qualifiy for legal aid to dispute the assessment

http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195356

http://www.dls.org.uk/advice/CommunityCare.html

skater_kat

First you have to lodge an appeal of the assessment with the local authority. There should be details of how you can do this on a decision letter from them. otherwise you can contact social services at your council and ask who to contact, you usually need to appeal in writing. When submitting and appeal, you should provide as much evidence as possible of the needs involved and potentinal risks if needs are not met.

If your appeal is refused, then you should think about legal route.

Is there an advocacy organisation in your area for people with learning disabilities?

churchrat

Hi
thanks for this.
I am fairly certain that the council will not agree, so could you explain what happens on the "legal" route please?

thanks in advance

skater_kat

basically if you seek legal advice on the matter then a solicitor can advise you.

they will probably not assist unless you have first exhausted the local authority appeal/complaint procedure.

but if after the appeal you still disagree with the assessment compared to level of need then there may be some legal redress.

essentially if you are able to provide evidence that the assessment is incorrect, a solicitor may be able to write to the local authority to request a 'second opinion' so to speak - a new assessment from a different team or professional.

if this is not sucessful, there may a legal case to answer - for example if the local authority has not acted in line with legislation around community care (ignoring material facts for instance), then there may be a chance of legal proceedings, i.e. taking them to court. for this reason it would be useful to obtain specialist community care /disability legal advice, not just a general solicitor.

skater_kat

what level has T been assessed at?

it would help if you have an idea of what level you think T is (substantial or critical - most LA's only fund at this level). And also to write explicit examples which evidence each of the criteria for the level you think T is at. for instance, to meet 'substantial' you would need to evidence one or more of around five themes (inability to carry out the majority of personal care tasks is one, unable to sustain work/learning, unable to sustain social support etc etc) - so you'll need to record how T can meet each point.

skater_kat

you might find this helpful

http://www.fjg.co.uk/Services/CommunityCare/HowCanIChallengeaDecision.aspx

http://www.carersuk.org/help-and-advice/practical-help/care-and-support/direct-payments/direct-payments-as-a-carer/itemlist/category/102

churchrat

Skater-kat

many thanks. T lives alone in his own home (parents house) since his mothers death in 2000). T has been assessed as moderate and although in some areas he needs no support at all,ie he can wash himself and can stay in work with help, in other areas he cannot cope. For example, I am about the only person he will talk to outside of work. When his water pipes froze over the winter he did not tell anyone until I went to see him, and so had no water for about a week. He could not have managed to have this fixed on his own. When I move away he will have no one who checks on him ( he has recently been diagnosed as hypertensive and type 2 diabetic, no idea at all how we will cope with this.) and will speak to no one between work shifts.
He only eats a meal at work, he does not cook at home and will eat sandwiches/crisps or quite often nothing at all.

I live about 30 miles from him in another council area, so not very familiar with his (Bromley) council. I know that there is an advocacy group for mental health, have found nothing for learning disability. I have just contacted a local autism supprot group, who have been quite helpful.

I think my big problem is feeling that I am dealing with him all by myself and his living conditions and health are going from bad to worse and nobody cares enough to help, except for a stranger on an internet forum! I feel guilty about him all the time, and I also feel guilty cos my oh wants to move now that the children are grown and I keep putting it off because of T. My oh says that if I just stop then soc services will have to do something, but I am sure that is far from the case.!! (sorry about that, just had to rant abit)

thankyou for getting back, will have a look at the websites.

churchrat

Darlyd

I think you should write to his MP. He needs carers to come check on him atleast 3 times a day. And to make sure he has breakfast, and dinner and make sure he takes his meds, (lunch at work?). I have a client who I go to in the evenings (someone else goes in the mornings) and I am only there 15 mins (ss won't pay for half an hr), makes him a sandwich/bowl of cereal, cup of tea and assist him with his meds, and general tidy of the kitchen, and maybe put a load of washing in.

Mp is your best bet.

Ames

I had an awful assessment, which resulted in her saying they wouldn't help me. I appealed, and had letters sent from all of my support workers, and they agreed to five hours a week. I basically went through the assessment form and gave my answers (which were very different to the answers the SW had put down) and emailed it to social services, my MP and my local councillor.

When it came to the financial assessment they refused to take into account a lot of my care expenses (meeting my support workers, therapeutic activities arranged by social services agencies etc) so I couldn't afford the contribution they asked for.

churchrat

I just wanted to update on this thread.

Unfortunately T died very unexpectedly three weeks ago. He had a massive heart attack. I am glad that this happened when he was at work, otherwise he would have died alone.

Thankyou to everyone who gave me some advice.

churchrat