Hi, my son (aged 20, autistic, lives with me, completely dependent on me in every way) has recently had a needs assessment by local council adult services.
I have not received the result of that assessment in any formal way, but simply had an email from the social worker who completed the assessment. The email says, “Sadly, Tom doesn’t qualify for support under the Care Act due to all his needs being met by yourself”.
I am absolutely gobsmacked by this. The Care Act clearly states that “In deciding which needs are eligible for support, the assessments must ignore any support provided by a carer” and “A local authority must strictly assess what the person needing care can do independently. It is legally required to evaluate an individual’s needs by completely ignoring any care, assistance, or support currently provided by an unpaid carer or family member”.
Has anyone else out there been told that the person they care for is ineligible for support, because you care for them?! SURELY this isn’t right??!! I am desperate for support. Tom needs a PA to help him. The social worker himself suggested this and I told him a PA would be a God-send. So the social worker has been assessing Tom over a period of weeks. He has been coming to the house, observing, making notes. And after all that - we can’t have support because I am his (unpaid) carer! And he KNEW this before he even started!
I am lost for words.
@Clareg1964 type into Google citizens advice bureau and the area where you live . That will bring up your local citizens advice bureau phone number .ring them and tell them all what has happened they will help you to sort this out .unfortunately a lot but not all social workers do not know the Care Act 2014 or there own laws. The citizens advice bureau will help you .take care.
Go to the LA website and search for Adult Services Formal Complaint, then complete the form. Then on the same website, search for Subject Access Request. Ask for copies of everything on file about your son, and separately, about you, in the last 2 years, printed, single sided, pages numbered and hole punched. Do you have any idea of where he can go in future? Day Care, supported living, residential?
It absolutely is not right. Were your wishes regarding caring even asked for, let alone taken into account? Where is the Carers Assessment that should be carried out alongside the Needs Assessment?
No, my own wishes weren’t asked for. I did, however, express them! I said that I wanted a PA for my son. I am exhausted and cannot keep going with providing every single thing that my son needs. I have been diagnosed with carer burnout. My son agreed that a PA is what he needs (once it had been explained to him).
But now we are told he can’t have a PA, because he has me…
Carer’s assessment - yes just had one, and this too is a shambles. Does not follow legal process! Budget does not meet the eligible needs listed in the plan.
No idea what the future holds for him. He is adamant he can’t leave home. Will not consider anything else.
I am very experienced with making formal complaints to our LA, and even taking complaints to the Local Gov Ombudsman when necessary, where they have been upheld. Had to go through that again and again when my son was meant to have been in education (but wasn’t due to LA idiocy). Don’t think I can do that again. It’s too exhausting, and I am already at a very low ebb!
I’m much teh same. 16 years without a child free day ruined my health forever.
@Clareg1964 Then what they’ve done with the assessments is completely unlawful - as you’re already aware.
The only question is whether it’s down to incompetence of the social worker or their manager. Or both.
Absolutely. Incompetence all round, I’d say - knowing my local council.
I am quite convinced that the people at the top think that if they disregard the proper legal processes (and thus save their council a few quid), we won’t challenge them because we are already so stressed and worn down, and we don’t have the time or energy to make complaints. Which in most cases is probably true. It makes me furious.
@Clareg1964 i think all local councils are like that Clare as I said above ring your local citizens advice bureau they will help you make a complaint. Whether it’s local councils, DWP they’re all stressful ,if they knew there jobs most people would not be going through these things. I’m not saying they’re all like it but a lot are and they need training. Don’t give up that’s what they want. So did you get no support at all for your son.
I would reply to the email, quoting the relevant section of the Care Act, as you have done here, and copy in the LA councillor who is in charge of social care and adult services.