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Social worker and cut care hours

cripps

Morning everyone. I’ve just had social service round at my house to see if everything is ok and to see if i need anything but why as soon as they walk in they are trying to take things away from me, with my disability i need help with about 90% of the things i do just to get through my day, for example i need help with dressing washing cleaning and most of all eating and drinking, but as soon as they got here they were questioning my washing and if i can do it myself they questioned my eating and basically everything i need. With living on my own i need the career because if they go I’m totally stuck. After a discussion they wanted to cut my care time and for me to order my food online so there coming back next week after I’ve thought about there proposal. With my mental health i can’t make a decision like that and put a plan together. What do i do i feel under pressure to let them do what they want. Help please. NC

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Sam_Alumni

Im sorry to hear that @cripps
Do you have anyone who could be with you when they come back to offer you some support?

cripps

Hello ?, no just me , so it looks like I’m done for!!!!!!!

Pippa_Alumni

I'm sorry to hear this @cripps. Even though there isn't somebody who can't physically be with you, it doesn't mean that you're on your own.

It might be worth giving the Scope helpline a call to see if there's anything they can advise in this instance: 0808 800 3333 (free). Do keep us updated and we'll advise where we can.

Pippa_Alumni

I wonder if @Angela_Scope or @Scope_rosie could advise here?

cripps

Thank you I’ll give them a ring and see if they can help because I think they will get what they want and they know I’m not strong enough to keep it together to stick up for myself . NC

[Deleted User]

Hey @cripps

Please do give us a call - we are quite busy and there can be a bit of a wait, but we are here til 5pm and again from 9am the next day!

however in the interim (and assuming you're in England): If you're not up to it at the mo and will have substantial difficulty being involved in making decisions about your care package then you have the right to a Care Act advocate; ask your social worker to tell you who provides this in your area.

and, on the offchance your social worker doesn't think you qualify for advocacy, you might like to have this up your sleeve so you can refer to the criteria for advocacy under the care act:

https://www.scie.org.uk/care-act-2014/advocacy-services/commissioning-independent-advocacy/duties/independent-advocacy-care-act.asp

They might ask you to tell them how you'll have substantial difficulty - you'll need to tell them that the way your mental health condition affects you means that you can't manage one or more of the below:

understanding relevant information
retaining information
using or weighing information
communicating views, wishes and feelings.

you could also just google 'care advocacy + your area' (the name of your local authority) and see if you can spot the organisation providing care advocacy in your area yourself. Often you can self-refer so you could just call them directly.

It's important to know that an advocate isn't a caseworker - they can't tell you what to do or say, rather it works the other way; they help you to make sure that what you want to say is heard, and that your views are listened to.

It sounds as though your LA think you can cope without some of the care and support you have been receiving and maybe they are hoping they might save a penny or two. So, in explaining why it's still needed, tell them what would happen if you were to lose it. For example you mentioned the social worker talked about doing online shopping. For some people that's a great moneysaver and super-convenient- but for others it's a real loss socially speaking. Is going to the supermarket a key part of getting out into the community for you? If so - tell them what would happen to your mental health if you were to lose that bit of contact.
You also mentioned washing and the social worker wondering whether you could do that yourself -explain what might happen if you did. For example; might you fall over / might you forget / might you stop altogether?
You said 'most of all eating and drinking' - so explain what would happen if you didn't have that support. Might you forget, might you choke, might you hurt yourself?

I'm also tagging in my colleague @Zoe_Scope our social care expert, to see if she can add anything extra.

All the best, let us know how you get on.

-R

cripps

That’s fantastic advice thank you I’ll get on it straight away. I’m not confident round people Especially the social services they worry me when they gang up and force me to make discussion i don’t understand. Thank goodness for this website I’d be lost with out it. NC

Jean_OT

Hi @cripps

Thanks for your post in my "Ask an Occupational Therapist" section of the community. Sorry for the delay in responding but I only work for Scope part-time so unfortunately people do often have to wait a few days before I can answer their query. So I'm very pleased to see that my colleague Rosie has replied in the meantime. Rosie has given exactly the same advice as I would have done so there is really nothing for me to add.

Best of luck with challenging the proposed cuts to your package,

Jean

cripps

Thank you but the social service have been in touch and they won’t refer me to the advocacy because they want me to have meetings with just myself, the only thing i can do is try and refer myself. NC

[Deleted User]

Hi @cripps

The local authority cannot simply say they want you to have meetings without an advocate if you are eligible for one. This right comes under Section 67 (2), (3) a, c,d,e,f of the Care Act 2014 :
http://www.legislation.gov.uk/ukpga/2014/23/section/67/enacted

So you could ask to speak to the adult social care manager and tell them you want to engage with the adult social care team but are finding communication very difficult and therefore need an advocate to support you being involved in the review of your care and support plan.

State you understand that you have a right to an advocate under section 67 of the Care Act 2014 and you would like your current package to continue until a full reassessment has taken place with the support of an advocate.

I came across some useful guidance for your situation from the following website http://www.cascaidr.org.uk/2018/04/04/say-youre-told-arent-eligible-funded-advocate-care-act/

What to state if you are told that you are not eligible for a funded advocate under the Care Act:

"Do you not think that I would have substantial difficulty , being fair and taking everything you know about my impairment, into account? It’s not legal to say that I only get an advocate if I lack mental capacity in some way.

The law is clear that a Care Act process, where there should have been an advocate, but there wasn’t one, is not a valid legal delivery of the duty to do that process"

If you dont feel confident putting this across verbally you could email the adult social care team and ask them to reply in writing, this would have the added benefit of providing evidence that the local authority refused to fulfil a legal duty if you need to challenge them at a later stage.

Options for challenging the assessment

Make a formal complaint-you can also ask your MP for support

Take your case to the local government ombudsman (over 60 % of cases complaints are being upheld nationally) https://www.lgo.org.uk/contact-us

Or seek legal advice-there is still legal aid available, you can contact the civil legal advice line to check if you qualify and for details of solicitors with legal aid contracts https://www.gov.uk/civil-legal-advice

Hope this helps.

Zoe

Jean_OT

Thank you @Zoe_Scope for your comprehensive response.
Best Wishes
Jean

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