Social services refusing to allow partner to continue as PA due to exceptional circumstances

riotriot

I have a care package of 50+ hours (significant and complex physical and mental needs). Without PAs I am stuck at home, often without food and drink, and some days in bed. I have been a direct payment user for years, but due to having to fire someone before Christmas, I am down to 1 full-time PA who is struggling with their health and needs to reduce their hours. My partner was allowed to do part-time hours. I advertised for over 3 months, and I got very few applicants who didn't require visa sponsorship and no suitable candidates. This situation has been making my mental health worse and my partner has said that they are happy to step in on a full-time basis, but they couldn't do this temporarily as they would have to give notice at their current job. My partner had previously been working part-time for me for over a year before he lived with me, so they fully understand my conditions and management of them - better than any of my other PAs have done. We cannot afford for them just to quit work and go on carers allowance, we would be placing ourselves in a position of not being able to afford to eat. We have spoken to social services, and they have said their policy says no - even though there are discretionary grounds to allow them in extenuating circumstances - given that I have over ten conditions, agency care is not an option for a range of reasons, and I have tried to recruit for several months to no avail. As far as I am aware, there's nothing in the Care Act that states that LAs CANNOT allow DP users to employ people who live with them but advises against it unless in situations like mine.   

I have contacted 4 solicitors today for legal advice and support, but none can take on my case due to lack of capacity. I have told social services they are creating a safeguarding situation with my other PA dropping down to part-time hours (and they are now stopping my partners's part-time hours, too), so I will soon be left with less than half of my care hours fulfilled. They have told me to just keep advertising, during a well-documented national social care staffing shortage and haven't got any suggestions for filling the gap in my care hours in the meantime.

What do I do? 

Albus_Alumni

Hi @riotriot and welcome to the community. 

I'm so sorry to hear that the council haven't been able to offer any solutions to your care needs. I'm afraid I cant think of anything to help currently either, but I'm hoping one of our regulars will see this and be able to offer some support shortly.