by Carers UK Advice team » Tue Jun 09, 2020 11:03 am
Lizzie Carers UK wrote: ↑
Tue Jun 09, 2020 9:19 am
by bowlingbun » Mon Jun 08, 2020 10:40 am
I am very concerned that Hampshire CC are failing to respect the 2014 Care Act, and the Covid regulations.
My son has lost 28-38 hours of day care a week,. In addition to this he should have 35 hours a week evenings and weekends.
Rather than the LA looking flexibly about how his personal budget is being used during Lockdown, the council are being totally inflexible. As a result, my son, with brain damage, is utterly alone for 19 hours a day!!
The only way my son can have extra hours is if I care for him some of the time. The council refuses to pay family carers, although the care act makes it clear that it is up to the caree to choose who cares for him, when and where, INCLUDING FAMILY CARERS. My only regular income is the basic pension.
How care CUK help me get paid for the care I provide?
(Whilst I have written my question solely about me, there are thousands of others in a similar position!)
Thank you for your message. I can hear that you have been going through a difficult time so thanks for reaching out to us for advice.
During this period the local authority should be looking at alternative ways support can be provided to the service user as a lot of services have stopped or family members are providing round the clock care because they are self isolating, or carers just cannot attend to their normal caring duties. Alternative support can be provided in a number of ways such as; having one carer attend to your son instead of multiple ones, and therefore reducing the risk of the virus entering the home. They should however discuss with you what would work for you and your family as there may be other options that can be explored.
Local authorities can pay direct payments to family members – the test is ‘where it is necessary to do so’. The Care and Support Guidance, paragraph 12.35 states that ‘there should be no restriction placed on the use of the payment, as long as it is used to meet eligible care and support needs’. Please see the link for the guidance here – https://www.gov.uk/government/publicati … y-guidance
I would suggest that you write to the adult social care team requesting that a meeting is held over the phone or by video conference to discuss your son’s care needs and what can be done to support him during this period. You can also reference the guidance above and request that you are paid for the time you provide care to your son as you are covering the hours what would have been provided by carers or personal assistants. You can argue that it is necessary for you to provide care for your son at this time because he needs to have his support needs met otherwise he is likely to deteriorate.
You are also within your rights to make a formal complaint. Please see the link here on how to submit a formal complaint to the adult social care team - https://www.hants.gov.uk/socialcareandh … tomer-care. Your complaint can explain the issues you have had during this period and how social services have not supported you or your son in having his needs met.
We here at Carers UK are more than happy to continue to advise you along the way so please do make contact with us - email@example.com when you have an update to give us.
Thanks Priya, I’ve made formal complaints, but they are more concerned about keeping the providers happy than keeping my son happy. The Ombudsman was mid way reinvestigating previous problems when lockdown started, so HCC couldn’t send the requested papers to him. I’ve already told them that assessed needs must be met, but it’s ignored. Even formal complaints not treated properly.