Your rights to social care support
Inclusion London has worked with solicitors and specialists such as Professor Luke Clements to put together resources to help Disabled people and DDPOs understand how the system should work and what the law says.
We know many Disabled people find it extremely difficult to get appropriate levels of social care support, which means we are not able to live independently. The problem is especially acute for former ILF recipients. We believe in these difficult times it is important for all of us to know our rights and understand how the system should work according to the law, so we can stand up for our rights and challenge unlawful decisions.
Inclusion London is keen to hear Disabled people’s experiences of accessing social care support. Personal stories can be a powerful way of influencing politicians and getting media attention for an issue. If you have an experience you are happy to share please email firstname.lastname@example.org. You can request anonymity for yourself for if we use your story including if you do not want any information used by which your Council can be identified.
Understanding the Care Act: Key rights and Top Tips
This presentation gives an overview of the Care Act 2014. It describes how adult social care system in England should work according to the law, the duties local authorities have, how they should assess your needs, develop your support plan, decide how much support they will provide and how it will be provided. This presentation also gives tips on how to get the most out of this process and maximise your chances of getting support.
This guide has been written to help ILF users understand legal and practical issues about community care assessments and support and how it will apply to them following the closure of the ILF in June 2015. A guide was developed by Kate Whittaker – a consultant solicitor at Scott-Moncrieff & Associates – ILF users, Inclusion London and Disability Sheffield Centre for Independent Living. This guide is also available in easy-read.
Other useful resources
- The Department of Health’s guide to the Care Act in easy read https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/365345/Making_Sure_the_Care_Act_Works_EASY_READ.pdf
- The Care Act 2014 – a presentation by barrister Steve Broach (Monckton Chambers)
- Professor Luke Clements’ briefings on Challenging Reductions in Care Services http://www.lukeclements.co.uk/wp-content/uploads/2016/06/5-Reduction-in-care-services.pdf
- And The Care Act 2014
- Irvin Mitchell Solicitors’ Care Act factsheets and precedent letters http://www.irwinmitchell.com/personal/protecting-your-rights/social-healthcare-law/the-care-act/care-act-factsheets-and-template-letters
- Carers UK guide to the Care Act 2014 for carers http://www.carersuk.org/help-and-advice/practical-support/getting-care-and-support/care-act-faq
- A comprehensive guide about financial assessments and the arrangements for charging for local authority adult social care is available from Age UK
- Age UK Factsheet about eligibility for NHS funded continuing care:
What to do if things go wrong?
If things go wrong or you think local authority did not follow the law, you should get specialist advice, and possibly legal advice.
Many DDPOs offer information advice and advocacy support. You can use our DDPO directory to find a DDPO that might help. Use the find a legal adviser tool to find solicitor firms, advice agencies or charities that can offer community care advice.
You can also find information on where to get legal advice on our website.
Cerebra’s Problem Solving Toolkit has excellent suggestions on the approaches to tackle common problems with health and social care.
Cerebra’s Difficultbox website has links to factsheets, precedent letters and contact details of local advice agencies.
Scope’s interactive guide Cuts or Changes to Social Care has specific suggestions on how to tackle common problems and information on complaints procedure, going to the ombudsman and getting professional advice.