Care package going from 42 hours a week to 0 hours, I think I need legal advice
Comments
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Hi @julievictoria, welcome to the community
I'm so sorry you're going through all of this. I think that our helpline would be best able to advise and help you with this, here are their contact details:
Freephone: 0808 800 3333Email: helpline@scope.org.ukTextphone: Use Type Talk by dialling 18001 from a textphone followed by 0808 800 3333.
Are you able to contact them through any of these ways? Please do let me know if you have any questions.0 -
Hi @julievictoria,
I work at the scope helpline and would like to try and help you find support.
The Care Act Statutory Guidance stresses that reviews must not be used as a mechanism to arbitrarily reduce the level of a person’s personal budget’.
13.4 The review will help to identify if the person’s needs have changed and can in such circumstances lead to a reassessment. It should also identify other circumstances which may have changed, and follow safeguarding principles in ensuring that the person is not at risk of abuse or neglect. The review must not be used as a mechanism to arbitrarily reduce the level of a person’s personal budget.
The Law is clear that local authorities need to provide detailed reasons if they significantly reduce-or in your case stop a care and support package.
For example complaint no 15 016 495 against Norfolk County Council 31st August 2016 where the ombudsman considered that that the council had failed to explain the basis for its decision to reduce a care package.
https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/15-016-495#point4
Please email me at the helpline@scope.org.uk with your postcode and I will look for local advocacy and advice centres. If you are happy to talk then I can call you to find out a bit more about your situation and to give you further information about how to challenge the councils decision to stop your care package.
Options for getting legal advice:
The disability Law centre www.dls.org.uk provide free legal advice about community care issues tel. 0207 791 9800
Civil Legal advice line www.gov.uk/civil-legal-advice tel. 0345 345 4 345
Use find a legal adviser to find agencies near you. Select 'Charity or government-funded organisation'. You are looking for organizations that say 'Community care' in the blue box. See if you are likely to get legal aid.
Law centres offer legal advice, casework and representation http://www.lawcentres.org.uk/i-am-looking-for-advice
Best Wishes,
Zoe
Scope helpline
helpline@scope.org.uk
tel. 0808 800 3333
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