The new Care Act/CHC/Carers Advocacy

I thought the new Care Act should include CHC, but it’s all about social care/local authority side of care. What about when care is provided by the local authority that is above their legal limit?

I’ve heard there is new Advocacy support taking over in my area. On their website it claims; ‘support tailored to your needs’.

I had a web chat with them yesterday,

a) it’s not in my area until January;
b) it is Advocacy under the Carers Care Act.

Which would mean it would be very limited. As has been the case with the previous Advocacy provider, that caused more confusion. What’s the point of Advocacy funded when it’s restricted? Surely if my Mum’s getting care that shouldn’t be by the local authority coz it’s above their legal limit which has contributed to her health worsening; as she hasn’t been adequately cared for which she has had to pay for; that would qualify an Advocacy supporting us?

Care Act , 2014 … Independent advocacy … full sp for your starter for ten :


Advocacy and the duty to involve.

Local authorities must involve people in decisions made about them and their care and support. No matter how complex a person’s needs, local authorities are required to help people express their wishes and feelings, support them in weighing up their options, and assist them in making their own decisions.

As for " Legal limits " … a case of a shortfall in the funding to match one’s caree’s needs ?

( In theory , there is NO legal limit … in practice , a different ball game. LA Ombudsman site has numerous cases available to view : _ )

If so , low millions are suffering from the same shortfall … main GREEN PAPER , SOCIAL CARE and LA MELTDOWN threads have numerous reports and articles on this very subject.

( NHS CHC ? Wiki for the historical background : Continuing healthcare - Wikipedia )

The fly in the ointment is that if you have a long running saga, like me, then the advocacy service might decide you’d had “enough”. My advocate is really great, I looked him up and he’s a retired banker.
My son has an advocate who doesn’t work Fridays. My son is only at his flat during the day on Friday. The advocate is useless.

By legal limit, I mean when there is health needs Local Authorities shouldn’t be involved, as it’s above what they can cater for. My Mother’s health has worsened as a result, as she has Dementia; has lost a lot of weight coz she cannot eat - the Care Manager’s attitude is they cannot force my Mum to eat when she refuses.

In which case , CHC / NHS Continuing Healthcare … the only " Service " that does not have a limit … in practice.

( Which also explains why it is rationed : )

Any other support service is , in practice , governed by the amount of monies available to it.

Therein lies the crux of the problem … nationwide.

Butterfly, will mum eat for you, or has she forgotten how to eat?

Depends. As a lot of the time I have to coax her to eat just small amounts and end up feeding her.

The Carers just leave food in front of her. Even with having a conversation with the Care Manager, they just leave her to it; which ends up in the bin.

Could you request that she has the swallowing test? The staff would have to help her to eat if requested by the salt team.
In the meantime some complan or similar. Some yoghurt? The staff really should be considering all of this!

My Mum’s appetite has reduced a lot due to Dementia. She has thickener in her drinks as per the SALT Team, as the Strokes have affected her swallow. She also has nutritional drinks suppliments to help maintain her weight. The Nutritionist Nurse comes over to check her BMI every few months. Every day I go over to sort out Lunch, I encourage my Mum to eat a yoghurt.

I see. I remember it all too well with my husband. Took me 18months to get through to staff the hubby could not cut up meat with a fork and the use of one hand only! Or that he could not hold a yoghurt pot, so please put yoghurt in a dish. Eventually he was on the thickening in drinks and soft food options. Went in one day to find his cup of tea was cold and like jelly.
Im so sorry you are going through this and fighting for what seems common sense.

Just wish I could sweet talk the Care Agency on board to common-sense; not exactly rocket science. But unfortunately they treat me as interfering, by brushing me aside with ‘your Mum’s got Mental Capacity’; a trick social services passed on to them.

That’s why I’m trying to see if I can get Advocacy support, but if it’s only under the Care Act, may be limited. As needing help with CHC, as they too disrespect my involvement to suit themselves.


As needing help with CHC.

Let me know which areas … I will identify , and post across from the main CHC / NHS CONTINUING HEALTHCARE thread … or investigate further within the confines of NOT
being an expert on said subject :

( If said information is NOT therein , I will add to it if deemed necessary ! )

Thanks Chris, got all the links from previous responses re Grogan/Coughlan case law. I got a FOI request asking percentage over the last 5 years that qualified for CHC: 10% was the response - over the past 5 years. I’ve read somewhere they have training days to learn tactics fobbing off with excuses those that need health care to prevent them qualifying. And that’s what Tax Payers money goes towards…?

Previous Carers Centre’ Manager told me you’d have to be at deaths’ door to qualify. Current Manager just the other day told me Bury CCG is lax in serious delays. Those that do qualify, funding is only for very short time. Then they have to re-apply all over again. Totally against the NHS’s National Framework Guidelines. Wish I had a silver tongue of a legal eagle, then I could bring them to account myself. It’d be worth all the stress, which is to the point of not feeling life is worth it once my Mum’s gone - who’d wanna live in such a heartless world? Everything hinges on Rear Admiral Matthias’s quest to shake the system up.

Remember Gerry Robinson who investigated hospitals, and made savings? Need to get him investigating CCG’s, there must be tonnes of savings to be made. Can’t find his contact details anywhere.

Noted … back to that infamous RATIONING thread for confirmation of your experience ?

( Also contains the latest House Committee report … for what that’s worth. )

Gerry Robinson … 3 part BBC program on the NHS … " Can he fix it ? " … now , some 12 years in the past :

gerry robinson nhs twitter - Google Search