I am writing this post following discussions with number of Solicitors who specialise in Adult Care Law. Quite a few mentioned in passing that Social Services too frequently step in to a care situation and behave as if they have full authority to take controll and make whatever decisions they like, despite objections from the cared for one and the carer.
Sadly there are times when Social Services give a poor, or unlawful service.
It might be that they start instructing the carer as to what they should do and cannot do and even imply sanctions and forced intervention.
Social Services work within well defined legal frameworks. They do not have authority to give instructions, or overrule the carer's views or wishes unless the person being cared for has capacity for that decision under the Mental Capacity Act and asks them to overrule the carer, or if the cared for one lacks capacity there should be a formal Best Interest Decision taken and the carer should be the Best Interest Decision maker. This is all laid out in the Mental Capacity Act and it's Guidelines.
If anyone finds themselves in the unhappy position of having to challenge, correct or complain about the service they are receiving from a Social services Department there is an effective way to do this.
1 Try to talk to the worker and ask them what legal framework they are using to do what they are doing. There is always a legal framework, so do not accept,"It's how it's done." Get specific quotes of which Act and section they are relying on.
2 If that fails ask to meet or talk to the Team Manager. Take notes of what is said. This might later be evidence for your complaint.
3 If 2 fails to resolve the situatiion Put in a formal complaint, in writing, to the relevant Team Manager. They should come back with a formal and detailed response within about four weeks.
4 If you are unhappy about their response you can then take the case to the Ombudsman.This is very easy and not at all complex. If they do not respond within four weeks you might decide to write to them again giving them seven days to respond and say that if you do not get a response you will go to the Ombudsman. Giving them a further seven days is gracious, you could go straight to th Ombudsman at this stage anyway.
Things that no longer can be relied on to be effective: Talking to your MP or Counsellor. These used to be effective, but the solicitors I spoke to told me it was most often ineffective these days.
I have seen it written that the Ombudsman has no teeth. Yes, they cannot instruct the Social Services to change their decision, or sanction them in other ways. However the (anonymised) findings have to be read out in a full Council Meeting which is open to the public and thus the press. Apparently Local Authorities will go to great lengths to avoid this. Additionally the Ombudsman's ruling goes on file and forms part of the evidence considered by the Inspectorate and they can sanction.
Finally a letter from a specialist Adult Care Law Solicitor also carries a lot of weight. In law terms that Solicitor has served a legal notice of the law on the Social Services and should the Social Services not come within the bounds of the law then they are in serious breach of that law with warning. Any Court would hang draw and quarter them They were warned.
I do hope this is useful to someone.
Waving
Kevin
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Kevin_1
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As always Kevin you are so willing to share your experience and knowledge with us all. It seems inhumane that you have had to go through all of this crap and stay strong, think I would have crumbled. Hats off to you dear man.
There were times when I put myself into robot mode... Frightened of loosing it... "Finished task, do next."
Youv've been there and done it. All carers have.
A grim place.
You would have pulled through.
You have long been a guiding light and a strength for me in this difficult journey, which eventually ends with a deep loss and an hiatus in our relationship with our partner, soul mate.
Hugs to you and great thanks.
Hugs
Kevin
xxx
Very Good Information Kevin. So sorry you had to discover these rules of law & disorder while dealing with so many other & more important life issues.
I would like to add two suggestions to your list...
Please try not to cuss during meetings or use inappropriate finger gestures...
Kevin you are a hoot & a half... Throat grabbing is a NoNo,
We recently had a meeting from the pages of Alice In Wonderland with some city officials... At one point my sweet young cousin (attorney) gently patted me on the shoulder and whispered, "You are being a little cantankerous." I winked and answered, "l know." Unfortunately, we decided to walk away defeated & deflated. But like you, l will spread the word to those who might need it in the future.
Kevin, have a go at the bread & l will throw axes.
My young cousin is wise beyond her years... but that's another story. We shared a Miracle years ago & were hoping for another. I was pleased she sat beside me as my calming force. I love the word 'Cantankerous' and l wear it proudly.
I really did want to wear my special ax throwing shirt. But l realized it might be taken as a threat. Kevin, l didn't want to have my mug shot taken because l was having a bad hair day. LOL
I think a throwing loaf sounds like an excellent idea, but be careful around mirrors & windows. Sending hugs... Granni B
A very small thought … Social Work Assistants are much cheaper to hire and more easily available than properly trained and qualified Social Workers, therefore the employee many of us will actually see is a Social Work Assistant. A number of these Assistants haven't had much more than basic level induction courses, though they've often worked as domiciliary care workers previously.
If you come across someone with apparently limited understanding of the situation, family dynamics / relationships and the range of options available to sort out the problems you're facing, it can be worth while asking them they're a qualified Social Worker.
If they say they're not, tell them the complexities of the case mean you and your loved one need the help of a qualified Social Worker with at least some experience of assisting PSP and similar patients.
The difference in understanding and professional knowledge between a qualified Social Worker (or Occupational Therapist) and an Assistant is normally so great that it's well worthwhile to wait to see the properly qualified professional. The professional also has more clout in getting their organisation to agree to provide the help you need.
An assistant Social Worker does not have the authority to enter into decisions regarding Mental Capacity except in small things like everyday, immediate, care issues.
Sadly in our case it was a senior social worker who could not understand, or was not willing to accept the law.
So very sorry to hear of your ordeal. I keep looking for some kind of professional that can actually help with my husband with cbd and the family through these tough transitions but it is rarely you find someone who has the ability and understanding to actually listen without blaming. So standard in our society. Very, very disheartening. Again I am so sorry for your struggle. If only the struggle had a teachable end to those are suppose to be “trained”.
We come across some good people. For example in our county we have a Lead Nurse for rare Neurological Conditions. Who will step in and advise professionals.
Our experience was of quite poor social work regarding these issues. (I speak as a one time specialist Senior Mental Health Social Worker in the NHS - Though I switched professions toward the end of my career) - Still was a mental Health practitioner though.
Yes, I challenged them doggedly on the law and best practice. I even had to quote their own policies back at them.
I hope they learned something. If nothing else from the Solicitor's letter.
What sort of person are you looking for? Are you in the U.K.?
We live in the US and are part of a PACE program after both of us losing our retirement to insurance. We both got terminally ill diagnosis at about the same time. According my husband’s doctor( it is an all inclusive program) he should have died many years ago. I find in this country that that their is a cut off in age for people who have gravely serious issues. The medical professionals don’t think it is necessary to put money into your care if you are on your way out. The problem is, no one can convince my husband of this. He continues to strive and wants to live even with having to fight numerous infections, Sepsis, broken spinal bones(7 at one time) and the complexities of CBD. I stay with the program because I have found really helpful CNA’s and get a 4 hour break 4 days a week. This is the best there i!! And that part is sad. Thanks for listening.
Thanks Kevin. What else can we do? God has a plan and we just need to keep on going. So much to be thankful for. You hang in there as well. Appreciate the moments.
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