Good morning and thank you for letting me post this.
My brother has just moved into a new supportive living which he loves. He has no capacity and is receiving the enhanced rate of both the mobility and care component of PIP. He also receives ESA.
At present his LA are only providing him with 4 hours of 1:1 a day which is not sufficient for his needs. He really can't be left alone safely. The LA refuse to increase his hours, telling both us and his placement that the maximum they ever give out is 30 hours a week.
I am going to request that his care and social plan are reviewed and I have also copied the LA Sean's certificate of entitlement which details his scores for PIP (although I know that the questions are not sufficient enough and the whole process is flawed). However, I can't see how this will change anything as their response will still be the same - 'the maximum amount of hours that we give out is 30 hours a week'.
Any ideas as to how to get my brother the support he needs to access a safe and fulfilling life? Direct payments? A strong letter - with evidence - to the LA?
Any responses greatly received. Many thanks
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Desdesmondo
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If you can’t find one I have one who I have used and can highly recommend her but good luck in what you want to achieve for your brother. You do have to pay but to me she was worth every penny and I used my sons money which is allowed as it’s for them.
That would be great, thank you. I have tried to find one but it's very difficult. Could you send me your contact and I'll let you know how I get on. Cheers!
Hi there, I’m sorry to hear this, it must be a real worry, so I hope it gets sorted soon. I don’t have any personal experience in this, but I would recommend calling Mencap’s Learning Disability Helpline at 0808 808 1111 or email helpline@mencap.org.uk too, as they will be able to point you in the right direction and offer direct support. Wishing you the best of luck
Hi It all boils down to the assessment done by the social worker and the areas he most needs support. You say he doesn’t have capacity, do you mean for finance and health? Has he had capacity assessments to confirm this. I have come to realise supported living is not exactly what it says. They are deemed to have capacity unless assessments are done proving otherwise, making support companies lives much easier. We have not had the best experience for my son who has been there for 7 years and about to move. He only had assessments done last year he is 49yrs old, which proved he doesn’t have capacity which I had been telling them for years!!He lived with me till he was 42. It's all down to the Mental Capacity Act and their human rights, which leaves a lot to be desired. Good luck
8Hi there. Firstly, it is illegal for LAs to have blanket policies about the amount of care provided or ceilings on cost etc. Many of them take this approach as they know they can often get away with it. They are often reluctant to put such statements in writing and I always work on the principle that if isn't in writing don't rely on it.
The first thing you need to do is formally write to them (email is ok) and state that your brother's needs are currently not being met which is impacting his safety and well being and requesting an urgent review of his Care and Support Plan. Say that you want to be involved in that review.
Then Google Review of Care and Support Plans plus look to see if there is any relevant information on your LA website, to find out as much as you can about the process. Reviews are a statutory process and must be carried out in a specific way. It is all covered by the legal framework of the Care Act 2014 (and associated guidelines and regulations) which is really important to have an understanding of, if you can stomach it.
The original assessment that was carried out would have been based on a short list of areas of 'eligible needs' so read up about that as that is what you are asking to be reviewed. Neither processes are based on diagnosis or the PIP ratings so don't rely on those. Specifically for those areas you need to evidence why your brother has a higher support need than they are currently saying. I think one of the areas is something to do with socialising in the community for example so if he would like to do this but needs support to do so, that is a need and so on. 'Wellbeing' is an important concept so emphasis what he needs to ensure his wellbeing. Make sure that you emphasise that he wants to live where he is and that moving him (to a cheaper option) would be detrimental to his well being.
At the review, ensure you tell them you want a copy of his new Care and Support plan with reasons in writing why they have come to the decisions they have as you may need to take the matter further if you consider that the package puts him at risk. Or something along those lines.
Then see what they come up with and if it still isn't good enough (and remember this is scarce public money so you can only expect 'good enough' not 'ideal') then take advice. You could contact CASCAIDR or pay someone like Jo's private social worker friend.
Your brother is fortunate to have you on-board fighting his corner so well done!
What a comprehensive response, thank you so much. I will certainly do that and also the research. My background is education (teacher of the deaf) and know what to do in that area but social care is not my specialty. But I am willing and eager to learn.
Many, many thanks again. I will let you know how I get on
I know this is a heavy commitment, but this is an excellent course and will teach you all you need to know. It is quite brain-stretching with bits of homework and reflection but so worth it!
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