Making waves, in our first month - what CASCAIDr's been up to!
CASCAIDr has been open for a month now, and aside from a load of admin and responding to well-wishers, we’ve fielded requests for legal advice and support from about 25 people, asking either on their own behalf, or for loved ones.
We could already do with some more volunteers with social work skills to speak to people who are struggling – it would only be for an hour or two at a time, and only on the phone, at a time that’s been booked, with details in advance. We hold your hand regarding what to ask. And you can always say no, if you can’t manage it. Please sign up on our site on www.CASCAIDr.org.uk under ‘Volunteer’...
We’ve also been approached by advocacy groups, providers and social care staff who are directly concerned about the legality of the decisions they’re involved in. We want professionals to go up the legal literacy learning curve too, so this is great news!
The charity is already building up a picture of behaviours which go against the spirit and in some cases, the actual letter of the law, as set out in the Care Act.
We’re going to do a series of live facebook and LinkedIn video posts about these, all anonymously and at the level of principle, of course, but hoping to bring the issues to life, and to generate discussion - and donations to keep us going! We can now take text donations via texting 70070 - just type 'CASC41 ￡10' - or you can say any other amount, up to that ￡10.00.
If anyone can offer us publicity on a national or regional scale, without insisting on photos of the people being assisted, please get in touch to [email protected] or .com
The range of issues we have been asked to assist with includes:
A sizeable claim for retrospective payment to compensate for mis-assessed entitlement to CHC status...
Complex psychiatric hospital discharge arrangements involving the need for CoP authorisation of deprivation of liberty within a tenanted setting for a person exiting hospital on a Community Treatment Order.
Dubious supported living arrangements where the Care Provider makes the nominations of tenants to the landlord and the client has to have the care commissioned on a fully shared care basis. I have asked CQC to engage but there has been a deafening silence so far.
Threats to direct payments: both to the amount and to stable management arrangements.
Missing assessments and reviews dating back to before the Care Act, so still based on FACS, not the law or regulations.
Ordinary residence issues, in the context of a Shared Lives client, and would you believe, a person from Scotland being told by the CCG in the area he wants to move to: 'You can't come unless your council promises to take you back if you are ever sectioned'!!
Cost-capping of the offer of a home care personal budget, if the person won’t accept a care home as the best place to go to.
Proposed cuts of over 40% on the current package, with no explanation or any justification, other than austerity…
Shenanigans over fees being re-negotiated behind the scenes by a commissioner, without regard to the impact on a user’s care plan contents or quality of provision
Disputed liability (as between adults and children’s services) for helping a disabled parent care for her baby whilst under 2 yrs old.
A claim for unlawful imprisonment, arising out of a council simply failing to delay urgent authorisations into standard ones under the DoLS process (where the provider has conducted the so-called safeguarding enquiry).
Pressure on carers to keep on caring, no matter what the impact on them, through determined and unconscionable delay to make a positive decision on a review of the cared for person's package.
Refusal to increase a person’s direct payment, covering care at night time, on account of the new interpretation of the working time directive regarding sleep-ins
Challenging the DB Service’s decision to bar a person with a conviction when a teen, from volunteering with vulnerable adults, when he himself has a disability and was not given an advocate on referral to Safeguarding of a recent concern.
A care home struggling to tell the difference between self funders and full cost paying council clients, and thus not knowing who owes what to whom…
At some point, when these or other cases go nuclear, we will be looking for barristers and solicitors who want to be involved, via crowdfunding on Crowdjustice. May we suggest you join the Adult Social Care Legal Developments group which I run on this site, and in the meantime, please do download our information as to what we’re about, attached at the bottom, maybe try to put it up on council Advice and Information services, and help us level the playing field just a little!
Thank you for your interest and ongoing support. CASCAIDr Q and A 2018