Archives for posts with tag: Care Act 2014

A disabled people’s organisation (DPO) has intervened in a “hugely significant” court of appeal hearing that is set to decide how far the government’s Care Act protects disabled people’s independent living and well-being.

Inclusion London is the first DPO to intervene in a case involving the “flagship” Care Act 2014, while it will also be the first such case to be heard by the court of appeal.

To highlight the importance of the case, Inclusion London will hold a vigil outside the Royal Courts of Justice on Thursday (17 August), from 9.15am, to show the three judges the impact the case will have on disabled people’s lives.

The case has been brought by Luke Davey, a disabled person with high support needs, whose support package was “slashed” after the closure of the Independent Living Fund (ILF) in June 2015.

He lost his high court case earlier this year, after seeking a judicial review of Oxfordshire County Council’s decision to cut his support from £1,651 to £950 a week from May last year.

The council had decided both to increase the number of hours Davey spent without the support of his personal assistants (PAs), and reduce the rates of pay of his PAs.

His lawyers are now arguing that the care plan drawn up by the council should be quashed, while it should draft a new plan that takes into account the risks its decision poses to Davey’s wellbeing.

They will argue that the council is breaching the Care Act by suggesting that he can rely on volunteers or unpaid family carers if he wants to go out for longer than three hours at a time.

And they will argue that the council should have seriously considered the risk to Davey’s wellbeing if his long-established team of PAs broke up.

Source: DPO plans court vigil as it intervenes in ‘hugely significant’ Care Act case – Black Triangle Campaign


A judge has quashed a council’s decision to terminate a specialist residential care placement for a man with severe learning disabilities.

Source: Court quashes council’s ‘unlawful’ Care Act assessment


When Fair Access to Care Services was replaced with the Care Act Eligibility Regulations, the aim was to eliminate the ‘post code lottery’ of provision through the introduction national eligibility criteria.

Source: Care Act funding decision exposes flaws of eligibility criteria


My social workers seem to fear me and would rather give into “my demands” than sit around the table

Source: Do my social workers fear a clued-up service user?


Care England, a representative body for independent providers of adult social care, despite opposition from Essex Council, has obtained the Court’s permission to proceed with its Judicial Review proceedings against Essex County Council challenging the fee rates its pays to independent care home providers.

Professor Martin Green OBE Chief Executive for Care England says:

Care England is deeply concerned about the Council’s conduct towards the care home market within Essex and as a result, the sustainability of that market”.

The Judicial Review challenge brought by Care England seeks to challenge the lawfulness of the Council’s fee setting decision in respect of the Old Contract and its refusal to review the rates under the New Contract.  Care England believes the Council’s actions to date to be a breach of its responsibilities under the Care Act 2014.

Source: Care England secures Judicial Review against Essex County Council challenging care home fees | Care Industry News


Last week it was revealed a severely disabled man’s legal battle against a 40% cut to his personal budget had ended in failure. The High Court dismissed Luke Davey’s judicial review against Oxfordshire council. The judge acknowledged the cut could impose “unwelcome” limits on Davey’s life, but he ruled the council had acted lawfully and […]

Source: The care package changes testing the limits of the Care Act


Luke Davey brought the judicial review on the grounds Oxfordshire council’s decision to cut his support plan was in breach of the Care Act

Source: Disabled man loses ‘Care Act breach’ case in High Court


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PROMOTING POSITIVE PARTNERSHIP WORKING

A little bit about myself first.  I am a 40 something mum, student and big fan of coffee.  I also work for a national learning disability charity as a support worker, and have  worked within health and social care for the past 7 years. I continually juggle all 3 of aspects, as I’m certain many other working student parents do. The aim of this blog is to add an individual and personal touch to one of the “partnership” units for the HNC Health and Social Care level 4 course I am studying, and of course to allow me to present my knowledge in a different way, rather than just on paper.  Whilst not completely informal, this blog will be less academic than a written essay as a way of appealing to readers.

Promoting Positive Partnership Working

The term “Partnership” is somewhat of a buzz word within the remit of health and social care currently.  This…

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A council leader has admitted that one in five of the disabled people whose care packages were reassessed by the discredited outsourcing company Capita have had their support cut. Simon Letts, the Labour leader of Southampton City Council (SCC), also admitted that none of the 90 service-users whose direct payments packages have been reassessed by Capita have seen their support increased. Letts was forced to speak out as activists from Disabled People Against Cuts (DPAC) and their allies protested outside his council’s offices after a Disability News Service (DNS) story revealed how freelance social workers were offered an “extra incentive scheme” by a Capita manager last September if they increased the “savings” they achieved by cutting people’s support. Although that email offer was later withdrawn – the council and Capita insist it was never approved – another leaked Capita email passed to DNS showed how the council continued to pressure the company to cut care packages. The second

Source: Council boss in Capita care cuts storm admits one in five had support reduced | DisabledGo News and Blog


A legal expert has warned care funding panels are “rife” among local authorities

Source: Councils ‘misusing funding panels for decisions on care packages’

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