Can they reduce my personal budget when the complaint hasn't been resolved?

Roddy

WhileIBreathIHope said:

anaqi said:

I've been doing some more research and it looks like the local authority are a law unto themselves.  I'm panicking because I don't know how I'm going to cope when they cut my budget next week.

I spoke to Citizen's Advice.  They couldn't offer any help at all.  It's not a problem they've come across before.  The recommended I speak to the Local Government Ombudsman.

I looks like the LGO could be a complete waste of time too.  They don't actually have the power to do anything.  They can only look to see if the council has followed the complaint procedure properly.  So if the LGO complaint comes to nothing I either have to suffer with less help than I need or get myself into debt by paying for private care.  

I used to get direct payments for a life long condition with written diagnosis and even with an independent advocate, mine was reduced to ZERO.

As unfair and I’m sure illegal as my experience was, you may need to decide if managing with a reduction is preferable to finding your cut off completely.
Cash flow and Austerity provide perfect excuse to cut backs.

Roddy said:

anaqi said:

I contacted the Disability Law Service 12 days ago but they haven't replied to my email.

I've since had another review.  My husband described it as an interrogation.  A few issues were raised.

One of the reasons the council reduced my domestic support because they expect my children (aged 13 and 15) to do household tasks.  Both children have health issues which make this difficult.  The council say they can't just go on what I said and they will NOT accept any evidence from me regarding their health problems.  They said my children must have a referral to Children's Services as it is a shared responsibility. 

I do not think this is appropriate.  It is unlikely that Children's Services would help my children as they do not need a support package for themselves.  They can do their own personal care and they go to school but their symptoms, including chronic pain, chronic fatigue, asthma, depression and anxiety, prevent them from reliably doing the extra household tasks that the council expect them to do.  When their symptoms are at their worst they are completely incapable of doing those things which means my eligible needs for maintaining a habitable environment will go unmet.

I see it as my responsibility as a parent to keep the house safe and clean for my son who has asthma and to support both my children with their health problems but the council still expect them to do household tasks and prepare their own packed lunches for school (even though they both have issues with food which makes this difficult too).  I think they are passing the buck onto Children's Services so they don't have to pay for my care.

We also debated occupational therapy and the enablement service.  I am chronically ill and disabled, I already have all the equipment I need and I have the skills and knowledge to perform daily tasks, I just can't physically do them by myself without risking injury or making my pain and symptoms worse.  The council said I have to see the OT because it's about having the evidence behind it.  It's a case of guilty until proven innocent.  I have to prove that I can't do things for myself and that I need the help and support before they will even think about allocating a budget.  They also said they have to promote independence.  I don't want to rely on people to do things but I don't have a choice.

A slightly worrying issue was them deciding to bring in the continence team.  I have chronic bladder problems but no issues with continence.  I was previous assessed as needing 30 minutes support at lunch time for meal prep and assistance to go to the toilet if necessary.  The social worker said she would get the continence team to see me because I said sometimes I find it physically difficult to get to the toilet when my symptoms are very bad.  I've never had a toilet accident, I just need someone to make sure I get to the toilet safely and help me if I need it.  I don't want to be forced into wearing incontinence pads just so they can cut a few minutes a day off my care package.  

I feel completely worn down by everything.  It's seriously affecting my physical and mental health.  They are supposed to help but it seems like they are doing everything they possibly can to cut my support and make me less independent.  My PA already said I have no life at all compared to most health and able bodied people but any kind of normality is too much to ask for.  I don't know who to turn to for help and advice.  I think what the council are doing is wrong but I can't afford a lawyer to fight them on this.

Hi @anaqi I'm sorry to hear about your concerns, and although I'm unable to solve them for you I can at least offer you some advice perhaps.

I would strongly suggest, subject to your mobility) that you visit your local Citizens Advice Bureau, and also your GP who may be able to refer you to a Children's Social Services worker, as I'm sure that they will be more able to assist you with this.

Hope this helps.

Take care - Roddy

Have you spoken with your GP and asked for a referral to Children's Social Services? If they deem that your children are not able to support you, then this will influence the council's decision. They have a legal duty when children are involved. 

anaqi

The last time I called CAB they hadn't got a clue about any of the issues I was having.  It was a complete waste of time.

I don't want Children's Services involved.  I was forced down this route when they were small and it was a horrible experience.  I wanted to speak to someone to ask what type of help they could provide but I wasn't allowed to do that.  They said the only thing I could do was report the children whose welfare I was concerned about.  There was no way I was going to report my own children to social services.  I was not concerned about their welfare I just needed help to leave the house with them as I was disabled and my PA couldn't push my wheelchair AND their pushchair at the same time.

My children don't need help from social services, they just need support from me, but as a disabled parent I need support to meet my parental responsibilities.  I can't imagine Children's Services giving my children a budget to pay a cleaner to do their chores for them, they'll say that's my job as a parent.  It's a catch 22 situation and I end up suffering because no-one will take responsibility.

Chloe_Alumni

Hi @anaqi, I am sorry Disability Law service is yet to get back to you and that your current situation is really tough at the moment. Here are some alternative people who could help.

Patients Association

Patients Association may be able to provide support and guidance. Here is some information about their helpline:

Opening hours

Monday to Friday from 9.30am to 5pm.

Calls outside these times will be answered as soon as possible if you leave a message with your telephone number.

Call us

Our trained advisers offer free and confidential advice, information and guidance and are happy to answer your questions. 

You can call our helpline on 0800 345 7115 (freephone number), or on 020 8423 8999.

Advice Local

AdviceLocal offers local advice and may highlight an organisation that is close to you.

SEAP

SEAP is an independent charity that provides free independent and confidential advocacy services. 

Helpline

You can contact your local seAp team by clicking here - or call our central number 0330 440 9000 or text SEAP to 80800.

Opening hours:

Monday:  10am - 5pm 
Tuesday - Friday:  9am - 5pm
Saturday, Sunday and Bank Holidays:  Closed

We aim to respond to answerphone messages within 1 working day

Please do let us know how you get on @anaqi!