is this legal

[forgetmeknot]

what is the criteria for local authorities relating to charging for services.

Presently, Leeds ASC have increased my daughter's charges by a staggering 81%

for a service which has been almost non existent from lockdown, from 2 days to 4 hours per week. This, before they have done any assessments or fact finding. If they are assuming that a "one size fits all" increase is acceptable, does that not discriminate against the more disabled who of necessity need more care?

[petejmarshall]

Hi Forgetmeknot,

In regards to them charging you for your Daughter's care during lockdown is illegal because they didn't provide her with any services during lockdown which isn't your Daughter's fault either. You can refuse to pay it as they didn't give your daughter any help or care during that period of lockdown if they have the details of your Daughter's bank account. I would either have a word with your bank to stop any further payments going to them from her or your bank account. Plus I would refuse to pay the increase amounting up to 81% I think that's what you said. Refuse it and even take the matter to the financial ombudsmen department or do a judicial review through the court's then they will have to explain how they can ask for a 81% increase in the amount that you have to pay. It most likely that will not ask for that much if you show them that you are not going to allow them to get away with them charging your Daughter so much for a non existent service. Best wishes I hope you and your Daughter Kathryn are well take care of yourselves and stay safe and well.

Best wishes

Peter

[forgetmeknot in reply to petejmarshall]

How lovely to hear from you. Hope that you and Joe are both well and happy, and that you have things sorted with Chloe.

Do you know for certain that they should not be charging for non existent support, or is this your opinion? I have asked Mencap for their advices, have had no response as yet.

Take good care of yourselves.

Kindest regards,

Maureen T

[petejmarshall in reply to forgetmeknot]

Hi Maureen

I did reply to your previous message but it seems that the site must have blocked it to you. Because I have given you advice on what to do. But I will say don't pay the fees if your Daughter didn't receive any care or help from the people concerned. As it is not entitled to the money because of them not providing any service to your daughter. I take it that your service provider is part of the local authority social services department. Well if it is I would write to them and say that you are not paying for any services during the lockdown because they didn't provide your daughter any help whatsoever. Take care of yourselves and stay safe and well. Peter and Joe xx

[Charlie2750 Community friend]

Hi forgetmeknot and welcome to the hub. I am not sure how they are charging you for a non existent service.My son attended a day centre for 5 days per week before the problems with covid 19 closed the unit/centre. He was assessed and his part to pay was £86 per month which is transferred into the Direct payments account.Every 4 weeks the LA pay in an ammount which covers all his months fees -£86 . During the pandemic we have to continue paying for the service because without the business receiving this money it would probably fold and when he goes back there would be no service(that's assuming that any other business offering the same service would also fold)

For the first 3 weeks we had a weekly phone call but then we were offered 2 days a week.He now receives 4 days each week.So the business/day centre has received regular payments from us via the Direct payments and his contribution every month.

I understand , from a friend in same position, that some support agencies are not offering any services and I also assume they also are being paid/supported by Direct payments or Local Authority funding payment.

If you receive DP(direct payments) I read on Gov website that during this pandemic you can use the payment to purchase more support from a different source including a family member.Look it up.I give this information but you will need to verify this.I felt very uncomfortable paying for care that my son was not getting and that's why I looked on Gov.org website.

I have waffled and I don't know if I have helped because I don't know your circumstances and how you work out 81% increase.Do you pay for private care or how has this worked out

Good luck and stay safe.

[forgetmeknot in reply to Charlie2750]

'morning Charlie2750. many thanks for your most interesting reply.

My daughter, before the chaos, had 10 hours each week at a day centre. There was an assessed charge which I paid from her DP. Initially, during lockdown, when the centres closed, support was not needed, I made other arrangements. I still paid this amount, although not receiving any support. Circumstances changed when lockdown was eased in early June. I asked for, and received 4 hours per week support at home. In July I was informed that the charged had been reassessed and 81% was added to the original figure. I accept that, in order to keep this service operational monies are required. However, I fail to see the justice of this massive increase for a vastly reduced service.

If you could point me in the right direction for the info. on the gov. website I would be grateful

[Charlie2750 Community friend in reply to forgetmeknot]

Hello forgetmeknot if you copy that phrase into the Gov.UK website and read through very carefully.

All I did was google"if I dont get the service can I use Direct Payments for some other support and it came up with several answers but I knew it was on gov website.

("Flexible use of direct payments during the pandemic"

I suppose I felt very bad for paying a business for not doing anything but after all it is given by the local authority. And then of course indirectly it was some of my money in 2 forms

1 the payment that my son makes out of his account which is controlled by me£86

2 The money I pay and have paid for council taxes and National insurance and income tax etc(well perhaps not NI )

I hope that helps.

Just for information my son has always received 5 full days at a day centre for the last 10 years and this was what his Social Worker assessed him for at the time.Since that time other people with their adult children have been assessed and have received packages but not full weeks. A social worker once said that if we were applying now we would not get the same package.

I do know that Local Authorities work towards a Document called Fair Access for all . I remember when I worked as a District nurse some elderly people were getting care at home and lots of it which later was cut down so that other more needy could get care .I also think that it was at this time that care assessment of needs started to be done. So some elderly people who had received what they wanted were now being assessed for what they needed which is different to wants.

I am sorry if I bogged you down but I can see that the Local Authority has a very difficult balancing act to do.

Have you asked for a carers assessment so that your needs are assessed?

[forgetmeknot in reply to Charlie2750]

Charlie2750

many thanks for your advices.

I appreciate that there is a shortfall in monies needed to fund care. However, the way that this authority have gone about addressing it is nothing short of disgraceful and intimidating. Disabled families have quite enough to contend with in these uncertain times, with swinging cuts to services alongside isolation and life style restrictions. Additional financial demands to remedy this (often) profligacy is a step too far. I will not be seen as a convenient cash cow to balance the books.

[HB_Mencap Researcher]

Hi,

Please could you get in touch with Mencap's Helpline so we can provide you with the Information or advice you need from one of our Information and Advice Officers. You can reach us by emailing [e-mail] or by calling 0808 808 1111.

Best wishes,

Harriet