Well worth taking a look if you have any questions about capacity, deputyship, deprivation of liberty etc.
If you are a carer, best place to start is the page entitled MCA resources for users and carers.
The key legislation you should know about is the Care Act 2014…
The Social Care Institute for Excellence(SCIE) sets the standards for people working in social care, so in essence specifies what social services departments should be doing, and to what standard.
This is the gov.uk introduction to the Guidance: https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance
This explains what a broad concept wellbeing is: https://www.scie.org.uk/care-act-2014/assessment-and-eligibility/eligibility/how-is-wellbeing-understood.asp
o Assess client’s needs,
o Identify which needs are eligible for support,
o Develop a Care and Support Plan to meet eligible needs (whilst ensuring the client’s wellbeing),
o Implement the Care and Support Plan, and monitor (review) its implementation. (Section 13 of Care Act Guidance covers this issue in detail. Section 13.10 states: “Keeping plans under review is an essential element of the planning process. Without a system of regular reviews, plans could become quickly out of date meaning that people are not obtaining the care and support required to meet their needs.”).
There are shortcuts that can be taken in emergency; the phrase is ‘Meeting Urgent Care Needs’, but I am assuming this is not the case with P
o Has that assessment been carried out? Have you seen a copy?
o Has it identified P’s eligible needs?
o Have you discussed any assessed eligible needs with social services?
o but if you just open the Guidance https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance , scroll down to Section 6, paragraph 6.30 to 6.43, which considers the question of P’s ability to understand and contribute to the assessment process (Please note that I do not know the extent of P’s capacity).
o If you have the time, with the Statutory Guidance document open on screen, hit CTRL+F (‘F’ for Find) and search for ‘Family’ and ‘Consult’; selected relevant results will give you an idea of the local authority’s duties to consult family members. (You may be disappointed).
o It might be best to challenge them on whether their assessment has correctly identified his needs, whether they have prioritised his needs correctly etc.
o If you are discussing placements, discuss/review how each will promote P’s wellbeing.
!!! CAVEAT – WARNING!!!
The Coronavirus Emergency legislation has eased many of the obligations placed on local authorities by the Care Act!!!
Please see the links below. I also include an extract from the government’s guidance on easements (accessed link 1 below)
I really do worry that this will make it easier to ‘rush things through’. So please see the text highlighted in bold (below) and perhaps be ready to quote it!
“What the powers actually change
The changes fall into 4 key categories, each applicable for the period the powers are in force:
I will stop at this point. That’s quite a lot for you to take in! Feel free to update me – I really do wonder how local authorities are behaving at the moment (I have had only limited ‘feedback’ from Rescare members.).
The whole debate (transcript here) makes for interesting reading (There are an awful lot of pledges to change and reform social care ‘flying around’), but the most telling contribution came from Baroness Hollins, who sits as a cross-bencher, and is an expert on learning disability issues, from professional experience, and also as a parent.
Her contribution summed up the effect of the lockdown on people with learning disabilities, and is worth quoting in full: Continue reading
Note that we at Rescare have not edited the text received, other than to correct some spelling errors, to change the layout slightly to improve legibility, and to anonymise the text – so that the author’s daughter is now referred to as ‘P’. No part of the text may be reproduced without the author’s permission.
Fifty years of Downs Syndrome, a parent’s account. Continue reading
There was an interesting debate in the Scottish |Parliament this week on improving the support for people with dementia and their carers. But Some SMPs broadened the debate to include a general consideration of the laws relating to capacity and incapacity, and the Scottish versions of powers of attorney and guardianship.
The main theme is Learning Disability and the Law, but other current issues will be discussed.
The meeting is open to Rescare members and non-members. Members were notified via a flyer enclosed with the recent edition of Resnews.
For the information of others, here are images of that flyer, giving full details of agenda, time and location.
If you are thinking of attending, please notify us (email email@example.com )
The article cites especially the resources available on the website Affintyhub.uk , created by Jo Griffin, a Counselling Psychologist and a parent carer. Here, when faced with (sadly typical) feelings of frustration, helplessness, anger, guilt and isolation, parents can be assured that they are not alone in these, and seek reassurance and strength by learning of the experiences of others, through resources linked to its ‘Words of Wisdom’ page .
Jo Griffins contribution to the article includes not only links to the results of others’ research into this topic, but also the results of her own research, published on Affinityhub.uk . Her concise 6-page report is well-worth reading.
The article concludes with Angela’s list of her own ‘therapeutic strategies’: Be realistic, Self-Care, Become aware of unhelpful feelings, Remember that feelings pass, Good nutrition, Trust your parenting, Quiet the inner critic. Read the article in full for Angela’s advice in each of these categories.
Affinityhub.uk , from what I can seen so far, offers a wide range of useful resources for parent carers. I have just made a note to add it to the Rescare ‘resource library’ as soon as possible…