Care Needs assessment - no time limit

Camellia said:

Wibbles, 

I am currently dealing with a similar issue. They tried to fob me off to avoid doing a proper in depth needs assessment because I supposedly do not meet my local council’s financial eligibility criteria. This is in contravention of the care act where a detailed needs assessment needs to be done first and separately to the financial assessment. Am finding this organisation (link below) really helpful- will be using their guidance and step by step tool kit for having a proper needs assessment in accordance with the care act really helpful. The needs assessment like an ECHP is actually a legal document. 

You will need to dig around the site to get all the info. I think in step 5 of the tool kit (I lent out all my papers on it to a person helping me) there is info on how to get free legal advice on the care act through another organisation and guidance on how to take it to an ombudsman. 

https://www.campaignrealcare.org/

I am now also using an advocacy service - apparently you have a statutory right to such advocacy for any needs assessments as a disabled person. (Beware advocates are more often than not extensively trained in the care act and it is in your interests to find out the law with regards to your particular situation- I have learned through experience that the council’s interpretation of the law including their own policies and procedures may not always be entirely correct - some junior advocates may understand this and may not critically evaluate the council’s possibly erroneous conclusions/policies and procedures. The point I am trying to make is try to learn about the care act yourself and get care act legal advice if you can in addition to just relying on an advocacy service that isn’t run by solicitors).  

Hope this is actually useful and I haven’t repeated anything others have been saying as I am giving my ideas on the fly and admittedly haven’t had the time to go through all previous comments pertaining to this. 

The disability law service in London - who have a care act helpline for a couple of hours a couple of times a week at set times - has given me personalised advice by phone with a detailed follow up email about my personal situation with regards to the council’s assessment of my financial situation.  

It is a lot to get your head around I know. I have also gone through the statutory guidance on the care act of the gov.uk website and printed off the sections relevant to my situation- this along with the care act tool box stuff I mentioned before helps me know what questions to ask when I can access small amounts of highly precious personally tailored free legal advice. 

  I have down loaded this link and the steps to get a fair assessment.

https://www.campaignrealcare.org/

  I have also copied this from the charter which says it all.:
Until this scandal is acknowledged and addressed, no amount of surface-level reform or extra funding will do anything other than continue.

  I have also copied this:
@onebigvoice thanks for appreciating my attempt to share what I am in the process of learning about.  You mention you have started something similar to campaign for real care - I’d be interested to know more about what you are doing / hope to do if you are ok to answer that.

  Over the last few days I have noticed more and more people are struggling to understand the system and how to even start the process of claiming any benefits not only PIP's.

  This to me is quite frustrating, and yesterday I was rang by PIP's to ask about the three cases that they have and have (in their eyes) given what they believe is correct, but all I asked for was the certificate of entitlement for future reference so that she could get a mobility car, and a copy of the working out and interception date if different to the information provided within the form filled out 15 months before?
  NO REPLY>