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And now,the Ombudsman. - Carers UK Forum

And now,the Ombudsman.

All about money
My son is allowed home two nights a week-he's here for a total of about 60 hours a week.Up to 2013,he was lodged in a council care-home and so could not receive DLA except for the two days a week.This is called Boarder Payment,DLA "for days spent out of a Care Home".
For two years I tried to persuade the council to sign a form affirming that he was not at the Home Thursday and Friday nights,but they refused,so I had to appeal to the Ombudsman.
I won,and she ruled in 2013 that 2 days' worth of DLA should go towards meeting Owen's needs with regard to his disability.
A month later,the council re-designated the Home as Owen's tenancy,though he's still not allowed to leave.Since that date,two years ago now,I have received no financial support for his care.The council say that my Carers' Allowance is intended for that.
I've again appealed to the Ombudsman,who's ruled that we have no right to any of Owen's DLA to meet his needs here,"since he's no longer in a Care Home,and so cannot claim Boarder Payments".

Oh God.Advice welcome!
Hi John,

Your post actually throws up more questions rather than answers. :S

In the meantime consider phoning CarersUK advice line. Details can be found on this link
http://www.carersuk.org/help-and-advice/talk-to-us They will hopefully be able to assist you.

x x
1. Are you entitled to payments to cover his time at your home.
Yes, that's previously been ascertained. (Benefits are to be spent properly on his care - if not, take it up with DWP).

2. Is your son entitled to "Boarder Payments". Not if he is living in his "own home" and receiving full DLA already, as I suspect is the case - in which case they should pay some to you for the time he is with you.

If the current Ombudsman's decision contradicts an earlier one, then I'd write to the Head Ombudsman along the lines of "both statements can't be correct"!
Hi,Folks.
Thanks for replying.I sent an immediate email saying that I wasn't asking for Boarder Payment,since Owen is supposedly no longer in a unit.
It's apparently too early to appeal; the Ombudsman's still considering whether we should receive anything towards the costs unrelated to Owen's disability-food,a contribution towards utilities,etc.
Rosemary,thanks for the suggestion.They were sympathetic,but it seems that I've done the right things by contacting my MP,Tristrum Hunt and my councillor,neither of whom seems willing/able to do anything.
Owen or Eliot is with me 80 hours this week.The council sent over £15 to cover expenses,which is less than £1 an hour.I'm sorry if I sound mercenary,but I'm running out of money-on top of the 80 hours,I'll be with Eliot when he goes to Trentham Gardens.Wonderful that the council are now allowing us to be together in public once a week,but it means that I have to take Wednesday afternoons off work in future.
It can't be like this in the rest of the country,surely?
John, I remember you posted last year outlining how much of the time you still had the boys at home. Are you still providing that same level of care?

Plus, if at their tenancy there is paid care staff, why do they not have a routine in place wherein both boys are occupied as much as possible. Is there 24/7 care provided by them?

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Rosemary,
Thanks for asking.Owen's in daycare four days a week.Eliot was in college up to July.They're pretty much of a doddle to look after.Owen spends a lot of time on the internet,ever since he persuaded me that he could surf the net on his own.Eliot likes flicking through books while watching videos.I usually say that staffs biggest chores are "some light dusting".Afternoon telly gets watched a lot,I suspect.One has to be with them 24/7 in case there's a problem.They can't make a meal for themselves or bath and dress without help.
None of it makes much sense.They've had their right to chose where to live removed for life by court orders,because they want to come back to the family home.I was found to pose "a risk of significant harm" to them because I disagreed with social services assessment that my late wife could care for them on her own despite having her legs amputated due to diabetes,having lung and breast cancer,etc.
Yes,I have sole,unsupervised care of them at home for dozens of hours a week,including a couple of overnights with Owen.I think you were right when you said there were "more questions than answers"!
No wonder things are in a mess, there seems to be no real structure to the boys care whilst at their own tenancy. Plus there is an overlap of care. By that I mean disability benefits will contribute to the care provided/utility bills/activities etc in the tenancy. This is wherein the problem lies when you ask for something when they are with you. The money has already been counted in on their assessments.

What do the care staff do whilst boys with you? Still on duty or not?

Be tomorrow before I get back to this
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Rosemary,
The current situation reflects the wishes of my late wife,after her breakdown.The then social worker phoned me in 2005 to say that they'd devised a long-term plan with Carol,and that I was invited to comment on the finished product.I suspect that the whole complicated thing is beyond the capacity of social services.
You're right,I think,that the costings were worked out without any thought to my sons' time at home.I get on average one taxi trip a year so that if it's snowing Owen and I can get a cab back.One or two other applications are refused.We're meant to use the bus.Both boys (who are in their 20s) get full mobility allowance,which funds a car.
The odd thing is that even when the boys were in care officially,so didn't receive DLA while in the unit,the council blocked Owen from getting 2 days' DLA a week for the time he was at home-even though the money was to come from the DWP.That meant that they blocked my Carers' Allowance for a year and a half,too.
It's odd.Staff will spend £80 on a fashionable coat for Owen-which was left on a bus three days later ( My fault.I was asked to relieve staff by going to daycare,picking Owen up,and bringing him home)-but for a year they sent two oatcakes and four ounces of cheese for Eliot's 'tea' three times a week.After I protested,it was changed to a tin of Tesco's value chicken soup.I'm not from the Potteries,but I've gotten the impression that plebs such as myself are meant to know our places here.The Care order stated a fear that I might show "a lack of deference to social services".
It's been explained to me several times,but I still can't quite work out what the staff do when the boys are at day care.There's a rota of staff; with different people around on different days.Owen leaves the bungalow on Thursday morning for day-care.He's with me Thursday and Friday night,so isn't seen again at the unit until Saturday night,then he's with me Sunday morning...
Did I mention that they're being housed in one of the few adapted (double!) bungalows in the area,though they are able-bodied?
Best of luck making any sense out of what the council are up to!
The current situation reflects the wishes of my late wife,after her breakdown. The then social worker phoned me in 2005 to say that they'd devised a long-term plan with Carol
Whatever your wifes wishes were back then, times change, situations change. Have you had a carers assessment of your own done ?
The odd thing is that even when the boys were in care officially,so didn't receive DLA while in the unit,the council blocked Owen from getting 2 days' DLA a week for the time he was at home-even though the money was to come from the DWP.
The council cannot block any payment from DWP. You either qualify or not, based on the relevant criteria - but all decisions regarding benefits are made by DWP staff, not council staff. My brother used to get boarder payments for a number of years and you sign a statement to say how long spent at home. That in itself is a declaration.

I would suggest you request a meeting with the manager that oversees the boys care and discuss a way forward.

My own fear about this is with cut backs within soc services depts. If they pay for 24/7 care for both boys but you have them as long each week, is that at some point their tenancy may be at risk and they expect you to take the care on 24/7.

Hope you can get this sorted.

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