Household Bills in supported living : My son has been... - Mencap

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Household Bills in supported living

49Twister profile image
16 Replies

My son has been in supported living for 7 years and shares with another adult male. The household bills were sorted 5 years ago and haven't been reviewed since. They both pay a certain amount monthly via standing order into what is called the household account, which is not in their names, possibly in the name of the company. I have asked to review this account and told I'm not allowed as the other person's contribution also goes in there. My son recently failed a capacity test for finance and I am his appointee. I know when they want more money they will expect us just to pay up. Anyone else in this situation. I feel it’s so wrong and that the company is not being transparent. I had to tell them to claim certain benefits for the lads that they were entitled to for the cost of living crisis, which weren't automatically paid to them. They really don't care and are happy to waste money. I understand data protection but don't really see a problem as it would only show the amount they both pay and not really the other person's bank details or balances etc. Any thoughts on this would be greatly appreciated. There must be some rules or guidelines on this, especially if someone doesn't have capacity.

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49Twister profile image
49Twister
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16 Replies

Make a Subject Access Request (SAR) for the account details (statements) and instruct the company to redact the relevant data that applies to the other lad.

You MAY find who the named Data Controller for that particular premises is, along with a named Data Protection Officer for that home or else the centralised computer database for all data subjects pursuant to the Data Protection Act 2018 (GDPR UK) by going to the ICOs website and searching the registration data base.

You will need to prove paternity before you will be given access.

I do that for my son's medical records where a carer's name or admin's name will be redacted.

Addendum

Searching the ICO's website for registered Data Controllers and Data Protection Officers does not require proof of anything. It is a public register and anyone can search it.

The purpose of doing so is to get a [the] certificate (available to anyone and downloadable) that sets down the precise details of who the Data Controller is (in this instant a likely company registered with Companies House) and the named Data Protection Officer who MAY be regional or Domus specific.

That way when you make your SAR you can also enclose a copy of the certificate along with the request to the registered address for the Data Controller.

You may have to search for a trading name to find the registered Company who MAY be named on the ICO certificate.

49Twister profile image
49Twister in reply to

I just feel I shouldn't have to go to these lengths. I have asked for months to see a statement, they've just ignored my request. Today we had a meeting which I brought this subject up and now being told it's against the law because this other tenants contribution is on there. Funny this hasn’t been mentioned before, they just didn't reply to my emails. I like what you said about obscuring the other guys details of his contribution. This sounds reasonable to me I think their trying to fob me off and it smells fishy to me which makes me want to dig deeper!! I don't trust them at all. All I want is to see what individual bills my son pays and how much as the bills are split down the middle or should be. I know they will have gone up.

The lengths one has to go to are often a direct reflection of the contempt that parents are held in by regulated companies for LD needs (including the statutory authorities) or its a measure of the spectacular lack of intellect of the person you speak to who is empowered to best use their lack of genuine intelligence and make like the fox who is cunning.

The process is set down in the Data Protection Act 2018 (GDPR UK) and anyone can make the Subject Access Request (SAR) - they simply need to demonstrate a basis for disclosure.

An obvious candidate for qualifying access is yourself in a parental confidence and your standing as the benefits appointee.

They cannot legally refuse.

Where they will make like the play dough man is in the remit of specificity of the data being sought. Express a wrong sense of the data request and they can prevaricate till the cows come home then cite a basis for charging you every time you make another request for the same information - which they mysteriously failed to track down because the request was not specific enough.

That's why you begin by making the SAR based on the specificity of the registered Data Controller as cited on the ICO register and then form your request in simple terms - in rather the way you have here.

NOT the WHY question. RATHER the WHAT question.

NOT why you are asking for the data but WHAT data you are asking for as a qualified requester of data. Your qualification (whilst it is expressed in the SAR) is presumptive to the way you express a clear and simple data request in specificity of the DATA and not as an implied or UNLIKELY requester.

They could give you that information without any risk of non compliance simply based on your verbal request. But they won't.

Miscanthus profile image
Miscanthus

Dont assume the household bills account is in the name of the care company. My daughters current care provider routinely set up accounts in the name of one of their clients, who may or may not have capacity. They use an account for people who do not have a credit rating so pay £5 per month just for the bank account. This was a new concept for me, I hadn’t encountered it before and seems a waste of money of people who have limited funds for daily living. Fortunately that care company have given notice (I was too high maintenance!)

Exsubmariner profile image
Exsubmariner

My son is in supported living with 3 others. I still have control of his finances. I set up a direct debit to the company for utilities. As far as daily finances are concerned they ask for cash to be supplied whenever required to the home and a receipt is received for the cash. When an amount is removed from his funds it is noted and a balance is placed in my sons ledger. I am allowed to view this at any time and have done just to see how it's done. I am very happy with what they are doing with his money.

Sallyyana profile image
Sallyyana

my son is in supported living with another tenant.

I am my sons appointee. I give a set amount of money each month to cover bills,food,activities and petrol . I am always given a receipt and can look at the accounts whenever I like (I have had no need to do this) I was asked to give the money from the government for cost of living. I challenged this.I feel I wasn’t being unreasonable I said when the money I pass each month no longer covers the cost just let me know. I haven’t heard from the since.

49Twister profile image
49Twister in reply toSallyyana

Hi Sallyana does your son live on his own or does he share with someone. Thanks

Sallyyana profile image
Sallyyana

Hi he shares with someone

49Twister profile image
49Twister in reply toSallyyana

Sorry to be pedantic but do you pay this set amount into another account via direct debit and does this other person he shares with pay into that account also. Is this account you pay into in their names or someone else's.

Sallyyana profile image
Sallyyana

Hi no I get the money out of my sons bank account and pass to the staff who then gives me a receipt. My son and the other tenant have a separate safe where money is kept. The manager then divides the money ie food bills activities and petrol

49Twister profile image
49Twister in reply toSallyyana

Thankyou

Sallyyana profile image
Sallyyana in reply to49Twister

your welcome

49Twister profile image
49Twister

Thanks bob_billy122 I don't understand it either haha😊

Greatauntie profile image
Greatauntie

In our case 4 residents contribute the same amount to ‘housekeeping’ which is for food, cleaning materials and gardening and replacement of small items. All entries and expenditure are in cash - no bank details noted, only staff member who spent. As an increase in contributions is imminent In a recent request for a copy of expenditure I was advised it was against the DPA as other residents data was on this! I am happy for them to redact the only names that appear that is of staff who spent the money on residents behalf.

Greatauntie profile image
Greatauntie

This needs to be brought out in the open more. Too much obscurity (and in lots of cases request for cash only for everything) with no explanation shown. Spending is not personal data. Added up over a year becomes a large amount of money with supporting documentation.

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