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2 questions: 1) a 'Legal' forum? and 2) Eligibiliy- The Law? - Carers UK Forum

2 questions: 1) a 'Legal' forum? and 2) Eligibiliy- The Law?

Share information, support and advice on all aspects of caring.
As a new poster to the group I have a 'legal' question which doesn't seem to fit with any of the existing forums - hence this 2 question post to the 'General' forum.

The first question is to ask if it might be an idea to have a forum for specific 'legal' questions?

The second regards the legal point I wanted information about. This arose from reading the on-line version of:
CARERS AND THEIR RIGHTS
THE LAW RELATING TO CARERS
THIRD EDITION
by LUKE CLEMENTS.

On page 37, at 4.81 Mr Clements refers to the judgement in R (Hughes) v Liverpool City Council (2005).

In that judgement, MR JUSTICE MITTING stated the following:...

"...Guidance is given by the Secretary of State under Local Authority Circular 13 of 2002. In the summary it is stated that the guidance applies from 7th April 2003, and that care plans of all cases open on 7th April 2003 should be reviewed and individual's needs reassessed by the beginning of April 2004.

The following paragraphs of the text of the guidance are relevant:


"3. Councils should assess an individual's presenting needs, and prioritise their eligible needs, according to the risks to their independence in both the short- and longer-term were help not to be provided."
Paragraph 15:


"15. Councils should use the following eligibility framework to specify their eligibility criteria. In other words, they should use the framework to describe those circumstances that make individuals, with the disabilities, impairments and difficulties as described in paragraph 14, eligible for help. The eligibility framework is based on the impact of needs on factors that are key to maintaining an individual's independence over time ...

"16. The eligibility framework is graded into four bands, which describe the seriousness of the risk to independence or other consequences if needs are not addressed."

They are critical, standard, moderate and low. Paragraph 18:


"18. In setting their eligibility criteria councils should take account of their resources, local expectations, and local costs ... "


"20 ... Eligibility criteria should be published in local 'Better Care, Higher Standards' charters, and made readily available and accessible to service users, the public more generally, and other relevant local bodies."


Section 20 is of particular importance - it seems to imply there is a duty imposed on County Councils (CC) to publish the elegibility criteria in 'Better Care - Higher Standards' - is that so?

If so, then the 'Better Care - Higher Standards' as published by East Sussex CC fails to meet that obligation as it gives no information as to what the eligibility criteria is at all.

If the CC are in error then this generates a 3rd question: what can be done about it?

Regards,

KHE
Hi Khe and welcome to the forum.

good idea about the legal area - what are others' views?

I'm no legal expert and I'd have to see East Sussex's charter Better Care - they may just state which band - critical, standard, moderate or low - that are eligible for services.
Hi KHE,

I have checked our own council site and theirs is same as yours.They state the 'bands' they provides care packages for but not the actual criteria.Again like yours they advise to contact Social services or Independent living teams.

Are you aware of this forum too

http://www.ncil.org.uk/

NCIL forum

There are both service users and social workers that contribute on there.They might be able to help too.

Govt site about criteria
Hi Khe, Image

I have found the best way to check on such matters is to actually review primary source material directly from the governments site. This is then passed on to the NHS, and Local Councils [LACs]..

The National Framework of Continuing Care and Continuing Healthcare, might provided you with the answers you are looking for The eligibility framework

http://www.dh.gov.uk/en/Publicationsand ... /DH_076288

http://www.dh.gov.uk/en/Publicationsand ... /index.htm

http://www.dh.gov.uk/en/Publicationsand ... DH_4006375