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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