Cuts to services

Carers UK is concerned that many carers are missing out on vital breaks because services to the person they care for are being cut back, either through direct cuts or changes to eligibility criteria.

Example case studies :

• An agreed respite provision has been reduced without any reassessment of need taking place.
• A day centre has been closed and care is now provided at home, but doesn't cover as many hours

Can services be reduced or withdrawn?

The basic principles in law are that, once a social services department has decided that a service should be provided, it must do so and that is regardless of their own budgetary concerns.   Services should not be withdrawn or reduced without social services carrying out a re-assessment of the needs of the person you are caring for.

The legal basis for this is Department of Health guidance (CI(92)34 para 31) which refers to the conditions under which services can be lawfully reduced or withdrawn.   There have also been a number of cases which have gone to court and established precedents (eg R v Gloucestershire CC ex p Barry and R(S) v Leicester CC).

It is generally considered that for any withdrawal or reduction to take place lawfully one of the following conditions must be met:

• The assessed needs have changed.
• The assessed needs can be met in a different way.
• The authority’s eligibility criteria have changed such that the person’s needs no longer command the same level of service provision.
• The person no longer wishes to receive the same services.
• There is unreasonable behaviour on the part of the service user.

Can the local authority take blanket decisions affecting groups of people?

Some carers who contact Carers UK know of other carers in their areas who have also had their services reduced. The courts have stated (R v Gloucestershire CC ex p Mahfood) that local authorities cannot take blanket decisions that affect everybody when contemplating withdrawing or reducing services. Instead they must reassess each case on an individual basis.

What steps can you take if you believe services are wrongly being reduced

• Use the formal social services complaints system which will consider your complaint in a number of stages.   If the matter is still not resolved to your satisfaction you could then take your complaint to the Local Government Ombudsman.
  
  Read more about challenging decisions and making complaints. more...

• Consult with a solicitor who specialises in community care law to see if there is any possibility of legal action.
  
  Community Legal Service Direct can help you find a solicitor who specialises in Community Care law. You can telephone them on 0845 345 4 345. Or you can search on their website CLS Direct website