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Care Act 2014 : Should / Could / Would Act 2014 ... R.I.P. ? - Page 9 - Carers UK Forum

Care Act 2014 : Should / Could / Would Act 2014 ... R.I.P. ?

Discuss news stories and political issues that affect carers.
107 posts
An interesting article I came across in my frequent trawling for any news on the ShouldWouldCould Act.

The Care Act will place greater responsibility on social housing providers to protect vulnerable adults.

Are they ready?

Louise Hunt reports ... 25 July 2014

http://www.insidehousing.co.uk/to-serve ... 47.article

Asks the question of social landlords ... Social landlords that have care arms will be exceedingly familiar with issues of adult safeguarding - the obligation to protect vulnerable adults from abuse and harm.

For those readers with direct experience , or know of problems .... essential reading.

Seems to be disagreement amongst the suits as to who serves on a committee.

Some good thoughts and observations contained within.

Trouble is ... no feedback from the end users , Report was in July 2014 ... too early.

Without some , difficult to judge as to effectiveness of the Act ... now into Year 3.
Very interesting article from Community Care , 13 April 2017

http://www.communitycare.co.uk/2017/04/ ... wellbeing/

Pete Feldon explores what social workers can learn from the recent judgment in the case of Luke Davey v Oxfordshire County Council

Well worth any reader spening a few minutes reading this one together with the comments at the bottom ... very interesting ones at that !

The full sp from the Davey case is available through the following link as a .PDF file :


Not doubt , both our supporting organisations will be updating their " Guidance " for any carer wanting to take advantage of the provisions of the Care Act ?
Another challenge in course , this one on the subject of care home and nursing fees.

Community Care , 11 April 2017 :

http://www.communitycare.co.uk/2017/04/ ... ch-claims/

Council to face legal challenge over ‘Care Act breach’ claims

Care providers’ body wins right to judicial review of Essex council’s fees policy for nursing and care homes

This one is between the LA and the local care providers.

Even so , what is finally decided will be of interest.
Something that has been puzzling me.


If the present Care Act was in final draft form BEFORE being passed into law , I would assume that the lawyers representing " Both " sides ... the Government and the bill proposers ... had agree the wording therein on behalf of their clients.

In which case , why were many ambiguities left in it ?

A compromise ?

Or an ultimatum ... pass " As is " ... leaving the way open for challenges , thus reducing the numbers that would actually benefit ... or forget about it ?

Just one of those occasions that my gut feeling is trying to tell me something is not quite right .... ?

" Best we could do in the circumstances ... not that we could ever admit that in public , or for the record ... wouldn't look for us. "

Now that would answer some of my reservations ....

After all , we are not in a court of law .... whether carers decide to hold their own court of enquiry at some future date is down to them.

Less than 50,000 will be a far cry from 375,000 ..... perhaps 30,000 .... by end of , say , 2018 ?

We already know that the legal profession are on a nice little earner on this one ... the should / would / could element guarantees that alone.

Purely rhetorical ....
A VERY interest article which , hopefully , will shed some real light on what's actually happening out there :

http://www.communitycare.co.uk/2017/04/ ... eductions/
Social workers: take our survey on care package reductions

Community Care and the Care and Support Alliance, a coalition of over 90 of Britain’s leading charities representing older and disabled people and their carers, want to hear from social workers about the decisions they are making about care in the current financial climate.

We know that in 2016-17, 24% of planned savings were due to come from cutting services or reducing the personal budgets of people who receive support (ADASS budget survey).

The move to target care packages for savings has sparked concern. There’s been evidence of councils pursuing “legally risky” policies to drive down costly home care packages. Disability campaigners have warned of “significant cuts” that jeopardise the right to independent living.

Care package cuts have also reached the courts. In March this year, a severely disabled man lost a High Court challenge over a council’s decision to reduce his support by 42%. This case was believed to be the first dealing with the Care Act 2014’s wellbeing principle.

At the same time, we know that in some cases, people’s needs will have changed and their support can be reduced safely and fairly. Social workers have a duty to promote independence and alternative, less expensive ways of meeting eligible care needs can be identified in some cases.

We are therefore asking social workers, and other local authority social services staff whose role includes reviewing care packages, to share their experiences with us by taking our survey. The survey includes 13 questions and will take approximately five to 10 minutes to complete. It can be completed anonymously.

Take the survey here :


Early days but ... anyone else who would like to know what this Survey will show .... ?

Form a queue ... please !!!
An extensive thread already exists on the workings of the Care Act :

http://www.carersuk.org/forum/news-camp ... 2014-27850

Worth spending a few minutes to digest the various sources gleamed from reports and experiences published over the Internet.

Beyond reports of problems in implementation , actual first hand carer experiences are very short on the ground.
After a year of the LA refusing to follow the Act, I now have Legal Aid for my son!
The real problem is that the old experienced social workers have all gone, replaced by fewer, younger inexperienced staff (who they can pay less) so the general standard of service has gone down the pan.
Unfortunately for them, I studied Law as part of my Business Studies degree, and really love reading the original legislation (sad, I know!). They just hate my ability to regurgitate large chunks of the Act accurately enough to get them worried.
All I want is for my disabled son's needs assessment to be accurate, the care plan to be accurate, and for his care to comply with the needs assessment.
None apply at the moment.
Slightly sinister , a presentation for suits and their ilk on the provisions of the Care Act :



I haven't gone into the whole thing , just perused the different sections.
In my case, because of all the problems with my son's carers, he is coming home every other weekend. I want to go back to every third weekend, because I don't have much time to myself otherwise (my son and his partner have separated so most weekends my grandson is also here).
However, I now know that the "Resource Allocation System" form the SW filled out, was done incorrectly. It took three Freedom of Information Requests to find this out, first they denied even having a RAS!
I have never met ANYONE supporting carers who knows about these RAS forms, even my son's care provider hasn't seen them.
The SW wrote "M goes home to his mum every weekend" and so only allows half an hour, FIVE days a week to plan, prepare and cook his meals, which due to a special diet should all be prepared from fresh meat and veg. No mention of the weekend meals, as in theory he's home with me. I'm a pretty good cook, but no way can I plan prepare and cook a meal from fresh in half an hour!
His hours were drastically reduced because he DOESN'T come home every weekend as the RAS says, so no care is allocated for weekends according to the plan.
Yet no one was prepared even to discuss the assessment and plans. I've said for a year they are wrong, no one has even asked what I think is wrong. Just complete refusal to discuss. Yet the Care Act says there should be an assessment of need and then discussion how those needs should be met. That hasn't happened either.
I've put this here in detail because I know there are many people who have said they've had an assessment but never been sent a copy, there's never been any discussion about how those needs are met, and nothing happens as a result.
The time has come for people in this situation to ask why? Have you seen the Needs Assessment, the Carers Assessment? Was there discussion about how assessed needs were to be met?
Was the end result satisfactory?
If not, get copies of
the assessment first, and copies of
the care plan
the relevant Resource Allocation Sytem forms.
Work through them all carefully with a highlighter pen for anything you don't agree with, and then take action.
Also try to think what is missing? My son is a vulnerable adult, can't read, write, or do any maths, can't cross the road by himself, or use public transport. He can ride a bike well, but doesn't understand the Highway Code. He's OK on quiet lanes, bridleways etc. and has a long distance trail near his house. He needs support with medication, cooking etc. too. What's missing? RISK ASSESSMENTS!!!
One question that remains unanswered is :

Who is statutory bound to enforce the provisions of the Care Act ?

If no " Body " , I cannot envisage that it would be for each individual carer to challenge ?

If that proves to be the case then , another fatal flaw would be revealed.

I can foresee any future post mortem on this Act being quietly buried to protect the past reputations of those responsible for this debacle.

In Carerland, there are no rewards for us ... and yet , nice salaries / pensions / honours for those who benefit from our continuing Plight by being seen to do something by the System.
107 posts