Can anyone advise around this please.. the process, who is involved and how much say do parents have or any other info. Thankyou in advance
Best interest decision /meeting: Can anyone advise... - Mencap
Best interest decision /meeting
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CT76
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Hi. More information is needed in order to comment. Eg. Age of person and level of capacity , whether you have deputyship or power of attorney ? What is the reason behind the meeting , who called the meeting and who will be present ?
Hi it’s more likely to be to decide an education and health care plan EHCP rather than best interest meeting per se. Is the education person to be present ? Is it something you want but the council do t want to pay for it ?
Both colleges are to continue education ( funded by the welsh government) one is residential one not. The social worker is pushing for one college over another 😏 and has mentioned a best interest meeting
That’s ‘don’t’ want to pay for it
We’ve had a couple. The first was regarding dental treatment and it was just me, the dentist and my sons care manager. the ultimate decision was left to me. The second was me, my sons care manager and the head of his college about him returning to college after lockdown. Again just a discussion that we all agreed on. Every other decision made has just been me and the staff at his college house (he goes to a residential college) . I’m still have to sign consent for medical procedures. After college if this looks like it may change I’ll apply for deputyship.
Thankyou. Does your son have a social worker? Where is your son going after college ?
My son has a care manager who does the same as a social worker as his care is funded by NHS continuing healthcare care rather than social services. After college we’d really like a community type placement as that’s what it’s like where he is now. Unfortunately everywhere I look either aren’t taking new referrals or don’t have staff as they haven’t replaced the staff they lost due to the vaccine becoming compulsory and also of course losing staff because of Brexit. I’m starting to get really concerned to be honest.
Does it make a difference who funds the care at al? believe for my son it will be both. It is a constant worry isnt it
Yes it does. CHC funding is hard to get though. We have way more support than we did before. College is in the region of£200k a year, CHC pay the majority of that and education pay the rest. We get 28 hours a week outreach in the college holidays when he’s home. He also has a pre paid credit card to fund activities when home. We got nothing before when he was funded by SS except 12 nights a year respite. It’s also non contribuatory so he doesn’t have to pay towards his care which leaves him much better off. Sometimes care costs are split between CHC and SS but for my son it’s 100% funded by CHC.
Hi. Choosing residential college is a big deal but can be very advantageous for a young person. My son went to residential college in Gloucestershire which had farm woodland and craft activities. Almost overnight the family saw a big change in him for the better. It wasn’t all roses as being with others is always a challenge for my son. Have you visited all of the possible options as this is very important ? The social worker may want a best interest assessment as their view differs from yours about next steps for your son. I believe that you need to explore all possibilities but Without deputyship I believe you will have less influence over the final decision than you otherwise might do. Many times I have heard people complain that social services use capacity arguments to control a situation. Ie they say that the young person themselves do have capacity to make decisions that parents know they don’t. Without the deputyship that argument of the social worker is strengthened. Send a private message if you want any specific details
All the advice and information other readers have given you is very valid. Do be wary when social services mention "best interest" decisions and meetings. Our experience is that this is a term used/abused in order for them to achieve the outcomes they have decided and I have had the process held over my head as a kind of threat, even though the local authority itself misused it. I have also been told that, should any doubt occur, the local authority would appoint itself the "decision maker" but a fully qualified solicitor has assured me they cannot do this, so be strong and be aware of your rights. If you Google best interest decision and meeting procedures, under the Mental Capacity Act, family members are key as they know the person best. Deputyship does give you a legal position of strength and you may wish to take this forward (I am in the process of doing so for my daughter) but not being a deputy doesn't mean you are at the mercy of unscrupulous social workers. Hope this helps.By the way, have you looked at Derwen residential college? It worked well for my daughter.
That is how I feel ..that they are using ' best interest ' as a threat. The SW is pushing towards one college and I am undecided. I am trying to complete the deputyship forms but stuck on some questions 😏 I will take a look at that college now
Your view is valid and integral to arriving at an appropriate choice. Try to have a 1:1 with the sw. Get them to give reasons why they favour residential. In finding a placement sw is a lynchpin/gatekeeper. They know what's out there, arrange visits, taster sessions etc. If your son fills criteria for residential would non res colleges be able to give him all he needs. Additional local authority support packages often supplement less complex provision but I'd imagine covid continues to impact what's on offer. Whilst the right provision should be available to all, numbers are limited and places get snapped up. Look at any assessments or reports. Highlight critical passages which underpin your son's needs so you can draw attention to evidence on paper which supports provision which will best meet them. The school or sw will invite interested parties to the meeting. I hope you will get the correct outcome for your sons future. Transition is a worrying minefield. Good luck
The sw is favouring the residential college which is a worry as my son didnt cope well away from home when he was attending respite. The day provision is a good match to school, however I have had concerns recently how well school is actually working for him. The other college is local. It is on a farm with education around land work, clay making, crafts etc. That has residential too but that could be transitioned in slowly as it is so close to home
Good luck - it is such a minefield. I hope you get a good outcome for your son. It may help to visit potential colleges (COVD permitting) - residential college may be a very different environment from respite and he may thrive, but this will depend on the ethos, structure and staff of the college. Good luck with your deputyship application too.
Hi. I just want to address a point made by Benji. My son had full health care funding until he was visited by a health assessor whilst at residential college. This turned into a reassessment and as a result my son lost his health funding in full. The assessor argued that the improvements made in his behaviour meant that he no longer met the criteria for funding. I appealed but despite my efforts the decision was not overturned. The funding was withdrawn because based on a very subjective reading of ONE the parameters he was moved down one category within that parameter and that extremely small change meant that he lost his funding entirely. Those of you dealing with the CCGs will now what I mean. Don’t take health care funding for granted. It may not be forever. He still has funding but it now falls exclusively to social services and so he will be subject to social care charging. I could have got legal advice but I was all washed out and the cost of legal advice is very high.
Anyone receiving social care funding is subject to a financial assessment and many people do have to pay even if their only income is benefits. It’s a scandal and must be changed. There is a campaign but there is no end in sight.
Oh my.. does it affect PIP also?
When a person goes to residential college they lose their daily pip allowance for the time they are at college. They do not lose any mobility allowance.
Thankyou, everyone is so helpful
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