Son has lost ESA due to string of errors from residential home

nightsong

Hi all,

I hope someone can advise me about this situation, please -

My son is 33 and has cerebral palsy, communication problems, dyspraxia and registered partial sight. He spent a long period in inadequately supported housing, leading to severe living problems and mental health issues. He was apparently not eligible for residential care as he doesn't need help at night, but in desperation we have funded a period in a residential home for him, where he has recovered, learned some skills, and will shortly move into a flat upstairs with supported living.

So far so (more or less) good.

From now on, the bits in italics are down to failures of staff/systems at the home -

He is on ESA, support group, and late last year he was meant to go to a medical. He says he did not receive the letter. He DID get the form B whatever it is, (the one that explains why he did not attend the medical) which he filled in with the home's deputy manager. She did not take a copy of this.

Nobody thought to go with my son to the PO to get a Proof of Posting. He went alone out in the dark and rain, tried to run to the post box, fell and hit his head on a lamp post, resulting in a trip to hospital and stitches in his head.

The form never arrived (I have no idea what happened to it) and I have no proof it ever existed.

Finally, the third letter came which said they would be stopping his benefit. He gave this letter to the manager. Some days later he told me about it and I made enquiries - no sign of it. On Christmas Eve the manager rang me to say this letter had been filed with no action taken.

Fortunately we were still within the month for asking for a Mandatory Reconsideration. Less fortunately, this has failed so we are looking at a tribunal. I shall be reading intensively on here to find out how we prepare for this. Of course his ESA has stopped and this is now likely to have a knock-on effect on his other benefits I think, especially as he is currently applying for a care package and Housing Benefit for when he moves into the flat upstairs - does anyone know what these problems might be?

My main question here though, is what if anything I should be doing about the home's part in all this. It has been a catalogue of failures on their part and as a result is costing us a huge amount of stress, not to mention the money which we can ill afford. (I know it should be refunded in full if he wins the appeal, but even so there is a cash flow issue, and also he might not win).

I have asked the manager what happens with other residents as clearly they all go through the same process, but somehow this kind of mess doesn't happen with them - I guess those who are incapable of opening and processing their mail don't have to do it, and those more clued-up than my son do better with dealing with officialdom? But he has been there plenty long enough for them to understand his problems with processing information and acting on it appropriately.

I am very angry as well as upset about all this. My son has been happy there, the staff are all very nice and I don't want to rock the boat especially as he will be continuing to live there. Nevertheless their system has been wholy inadequate and we are suffering the consequences.

If I put this down in writing and send it to the manager it will count as an official complaint, but I feel this may be necessary. What do you think? I'm even contemplating asking for compensation, though I hate this kind of confrontation. I am also worried about jeopardising my son's place in the flat as he has not yet signed a contract or got a moving date.

Advice appreciated, thank you.

mad_spaniel

You may be better putting the benefits aspect of the letter on the Benefit specific forum.
Re "neglect/ maladministration" of the care home. Are they appointees in your son's benefit claim or does one of the workers specifically have it in their job description that they should support with benefit related issues?
They may just argue "not my job."

emmsie123

Dd has an appointee, which is me.
Benefit forms i very much doubt come under the homes remit.
DWP would only speak to client or an appointee.

nightsong

OK, thanks both. I take your point.

Roxy07

Looks like a pretty clear case of neglect.

You should report them to CQC, the quality care commission who overlook care homes in this country and make sure it is "by the book" which we know many care homes run a very dubious operation when you look "under the hood".

http://www.cqc.org.uk/content/report-concern-if-you-are-member-public

emmsie123

If your the appointee all the letters would go to you.

tomtontom

Roxy07 wrote: »

Looks like a pretty clear case of neglect.

You should report them to CQC, the quality care commission who overlook care homes in this country and make sure it is "by the book" which we know many care homes run a very dubious operation when you look "under the hood".

http://www.cqc.org.uk/content/report-concern-if-you-are-member-public

Does it? You must be privy to information the rest of us are not to make such a sweeping statement.

OP, I would echo emmsie's comments, are you sure that benefit forms are within the remit of the care home? I work with several care homes and whilst they will help their residents with things like this where possible, they do so out of goodwill. You'd need to look into how far their duty to your son extends.

pmlindyloo

The first thing the OP needs to do is contact the DWP and any other relevant benefit departments and make sure that they have on record that they are the appointee and all letters should go to them.

Then the OP should write to the residential home and ask that any correspondence is forwarded to them immediately.

This will, at least, prevent any of this happening again.

Of course the residential home should have been more proactive in communicating with the OP about any 'benefit' letters received but in my experience, residential home workers are not 'au fait' with the benefit system. Also, there is often poor communication between members of staff and things like this can often get overloooked.

emmsie123

My other dd worked in a care home before going to uni and a lot of them like her, were youngsters doing agency work.
They wouldn't have the first clue about benefit forms or the importance of dealing with them.

nightsong

Thanks again, everyone.

I have talked to the manager of the home about the extent of their responsibility for clients' benefits. She says that they do normally deal with forms for ESA and similar.

The problem is that while she is generally efficient and competent, a lot of the staff are not, and much of this kind of work gets delegated to people who clearly don't know what they are doing.

It seems to be a very "grey area" at this home - I don't have any experience of anywhere else to compare. but clearly if I want this kind of thing done competently I will have to do it myself in future. I don't have appointee status yet but I suppose that's the next thing to sort out- after the appeal.

There genuinely is no end to the responsibilities of being a parent of a disabled child.

:sad:

pmlindyloo

Personally I would get your appointee status asap.

Link for you

https://www.gov.uk/become-appointee-for-someone-claiming-benefits