A truly worrying situation and one that could be happening within the UK. The DWP situation with Benefit claims and while the appeal process is reversing many of the wrongful dismissed cases, will this always be so. Not if we implement the American system as we appear to be doing.
It is very worrying and this should be noticed by the DWP, but will it be, I fear not.
Great for Freedom of Information requests (FOI), for without them we would not know details as these.
Now we need to restore all the cuts to legal aid so those who have suffered miscarriages of justice have an avenue to bring back justice.
A run of bad luck leaves one man struggling to make sense of the UK benefits system. Very soon he is left with no income and at risk of losing the roof over his head. Can he find his way through a bafflingly complex maze of rules? Put yourself in his shoes.
Your name is Tony Rice. You’re the sort of bloke who gets along with everyone. Always making people laugh. Ever since you left school you’ve been in and out of all sorts of jobs. Manual labour, mostly – builder, dustman, crane driver, painter and decorator. Hawker Siddeley, the aerospace company – you like it there, until the factory shuts.
You split up with your girlfriend so you ask your mum to put you up until you can sort out a flat. Save a few quid. You’re very close to your mum and dad. They’re your best friends, really. Your dad has lung cancer and needs a bit of looking after. You take him for a drive most days because he doesn’t like staying in all the time. He’s like you, not a man to sit about. At one time he worked three jobs, all at once. Still does half an hour each morning in the garden.
So you’re back in the council house in Chingford, north-east London, that you’ve
Source: You’re losing everything – but you don’t understand why : BBC News
It is true that social care support is in decline due to the Governments austerity cuts to Local Authorities, thus requiring Local Authorities to make savings. Some councils are reducing care packages in part to achieve these savings, but the Care Act provisions should ensure that all local authorities met all unmet needs as identified through an assessment of needs and the creation of a support plan.
Where a council is not undertaking to cover unmet needs people requiring care should be using the look again process, followed by making formal complaints and if necessary instructing solicitors to commence a Judicial Review, for which legal aid, if the criteria is met, is still available.
Where persons employ their own Personal Care Assistants through becoming an Individual Employer and funded by having a Personal Budget which is accommodated by receiving direct payments. By being an Individual Employer you will have to abide by all the various employment legislation and you will require to purchase your own liability cover. There are specialised insurance providers who cater for the care sector and as well as providing liability insurance, they can also provide 24 hour information and support on employment law, cover costs of tribunals, provide draft documentation for the various legal and employment aspects and others, so in effect you are purchasing your own HR department.
The costs of these packages should be part of the assessment of needs and be included in the support plan, as should any costs relating to recruitment, managing supervision, producing the support plan, if this is achieved out with of the local authority then also the costs of this. If the person requiring care does not have the ability conduct any of this by themselves or does not have the capacity and do not have any family members who can do this on their behalf, then they will be entitled to receive the services of an independent advocate and again any costs relating to this will be covered by the respective local authority.
Unfortunately all of this will require pressures on time and perseverance, which can be extremely stressful.
Personal budgets were designed to give disabled people more independence. But the social care funding crisis is leaving families in the lurch
Margaret Aspinall speaks for all of us and she is right something needs to be done. In many public organisations and some private there is too much secrecy and closing of ranks, so transparency as to be achieved, as secrecy can and does breed coruption.
I do hope the politicians do both listen to Margaret and then act accordingly.
Is this Justice?
Private Eye ran this piece in their issue for 3rd – 16th May 2013. I’m fairly certain Mike over at Vox Political also covered it at the time, so its might be worth going over to his blog and looking at through the posts for that time for more information.
Insult to Injury
David Cameron won applause from the Daily Mail in January last year when he promised “to kill the health and safety culture”. Move on to Spring 2013, and we can see what his pledge means: the coalition is to slash compensation payments to injured employees and the families of dead workers, which have existed since the 19th century.
In a sly manoeuvre, the Tories and Liberal Democrats waited until their Enterprise and Regulatory Reform Bill had passed the scrutiny of a Commons committee, the slipped in a clause to make it harder for injured men and widowed…
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