Promoting people’s right to choice and control under the Care Act 2014

Promoting people's right to choice and control under the Care Act 2014

How are local authorities performing?

The Independent Living Strategy Group conducted two pieces of research and analysis to explore the degree to which local authorities are following the spirit and letter of the Care Act and its statutory guidance in seeking to optimize choice and control.

Despite emphasis on wellbeing, choice and control within the Care Act, the survey found near half of respondents felt their quality of life had reduced and 30% experienced a reduction in choice and control.

Local Authorities are generally not yet meeting their duties to provide people with clear information.

14 comments for “Promoting people’s right to choice and control under the Care Act 2014”

  1. Gravatar of liz jonesliz jones
    posted 13 October 2015 at 20:57:37

    The new care act is being ignored by many councils.They have simply replaced new wording to old policy and guidance, the outcomes are unchanged.Carers are getting marginalised even more than before and Disabled people and Family carers are not being told their rights regarding assessment and eligibility.

  2. Gravatar of John WatersJohn Waters
    posted 15 October 2015 at 14:14:26

    Thanks Liz

    We are certainly determined to keep track of how local authorities are discharging their new duties in relation to the care act.

    Hopefully the key messages document in this report will mean more people are aware of the rights they have and the reasonable expectations they can make of their local authority.

    John Waters (in control)

  3. Gravatar of Alison St PierreAlison St Pierre
    posted 21 October 2015 at 19:40:42

    My daughter is currently sharing a bungalow in the community with two other people who cannot communicate with her. She is desperately unhappy and we have found a group place that she is very excited about, right near her sister and niece. They are different authorities and there is a £600:00 difference in fees. During her assessment I was told she wont get the funding and may end up with less. She will be distraught if she doesn't get this vacancy. I was told if she didn't like living in the community she could return to group living. I was never told how much money they would be saving.

  4. Gravatar of JulieJulie
    posted 23 October 2015 at 11:09:43

    Situations like this are coming through to in control each day. Generally people are not aware of the rights they have. Even when you do know the battle to get them can be a weary one, especially when facing it alone. We are wanting to support local get togethers so people can unite and give back up to each other. we will be starting to collect a list local groups for support so we can link people to their nearest one.

  5. Gravatar of Sally O'ConnorSally O'Connor
    posted 17 November 2015 at 11:32:51

    Some local authorities are not discharging their duty under the Care Act of 2014. Somehow they must be held to account as disabled people have rights.

  6. Gravatar of Diane McGheeDiane McGhee
    posted 01 February 2016 at 15:20:00

    Informed in April 2014 that under Care Act, contribution to husband's care had gone from nil to £120 per week. We could not pay. I do not work (husband's full time carer). We had to stop care and I had to look after my husband alone. The financial strain meant we had to sell our home and move to something more affordable to try and free up some money to pay for some care. The consequences were horrendous. I was on the verge of a breakdown. My husband was not able to go out as often and became isolated. Stoke on Trent City Council were less than helpful in all of this. It still makes me feel ill when I think about what we went through with them. When we moved we were in a different local authority area. We now have more care than we did in Stoke with a nil contribution. I feel as though our lives together have been saved. If we had still been in Stoke I think my husband would have been in residential are by now as I would not have been able to continue caring alone. How is this sort of thing allowed to happen?

  7. Gravatar of Frances LewisFrances Lewis
    posted 04 May 2016 at 19:55:55

    I have filled this week on behalf of my son who has multiple handicaps.
    My concern is that all the trained Social Workers who understand clients who have a variety of disabilities have been withdrawn and now these very vulnerable people have decisions made for them by people who have no idea how or what care is appropriate for the individuals needs.

  8. Gravatar of LorraineLorraine
    posted 05 May 2016 at 21:40:32

    My Daughter has had 3 RAS, they wont release the money. She is a out going 23 year old. when she was 19 she had a PB which was working very well, she was chosing where and what she wanted to do, working towards independece. Then she went though the worse nightmare, after a year, they stop the PB. 2 years on and still no PB. Now she is talking about moving into a supported living house, which the basic provision has no budget for making friends, or socialising. I wondering if it more a prison. Yet she is unware, until she experiences it.

  9. Gravatar of Christopher SmithChristopher Smith
    posted 21 May 2016 at 14:21:10

    I represent over 850 residents who are either disabled or elderly. We all live in sheltered accommodation in or around Stroud, Glos.
    We pay rent PLUS one third again as a service charge for on site support services. Over the past 2 years we have had our trained support staff replaced with untrained maintenance staff. We are aware that 6 of the 28 supported living sites are being redeveloped and 250 residents WILL be forced to move. The council in Stroud has also put an embargo on the residents group so there is no facility to offer input or feedback into their decision making process.
    As you may be aware the Adult Care services in Glos have been decimated as has the re-enablement team.

    We as residents are still paying for the Service Charge which is now part of our rent thus we are paying for services which we just DO NOT receive.

    Personally, I have just had my Industrial injuries benefit cut by 63% after a "SO Called" examination by a member iod DWP Maximus staff.

    I had to travel over a 300 mile round trip from Glos to NORTH DEVON. I then had to wait 2 hours past my interview time and the examination was ridiculous, namely can you cross your legs at the calf. Had the person looked at my legs he would have seen that they were swollen, solid and ulcerated. I was told that the inspector did not have time to review my doctors notes. I had even left the centre before I was called back to sign the document which were partially read to me but as every one else in the building had left and it was in darkness and the night watchman escorted me out of the building. Six weeks after the assessment I had not still not received their written decision so I rang their office and they apologised and sent it to me. Then 2 days later I saw their official response and appealed that day. Low and behold I was told that I was to late to appeal, needless to say I appealed against that and the process continues. The whole system is being deliberately been allowed to go to ruin!!!


  10. Gravatar of Roger PrattRoger Pratt
    posted 15 June 2016 at 12:30:30

    We have direct payments (DP) for our daughter's 24/7 supported living. She has LD and physical disabilities.

    The understanding in Warwickshire CC of the problems faced by carers in running DP has improved, however we are still very vulnerable. In 18 months we have had two lots of maternity leave (one surrogate), one long-term sickness with mental health issues, two dismissals and have an employment tribunal for unfair dismissal in the near future. The current level of care is outstanding. My wife, who is partially-sighted is very pro DP. I think it is the biggest mistake I have made with our daughter's care.

  11. Gravatar of Christine StringerChristine Stringer
    posted 15 June 2016 at 12:40:39

    My Son was a previous ILF user before it closed. ILF was the perfect way to support someone with complex needs to live independently and I was dreading it's closure at a time when local authorities were having their budgets cut year on year by the government. However we had a brilliant assessment from both the ILF social worker and my local authority, resulting in the ILF budget being matched.
    I then began to fear the end of the first years transition, as I thought there would be no more ILF money from the government.
    However, as soon as it was announced that they were giving another 4 years funding I sent the information directly to our director of social care, just to let him know that it was public knowledge. Happily, my Son's funding has not changed for the second year. Each year is still uncertain and I worry about my Son's future as I am 71 now. Christine Stringer

  12. Gravatar of Elizabeth GuestElizabeth Guest
    posted 17 June 2016 at 17:59:07

    Leeds Adult Social Care is certainly ignoring the guidance and performing the minimum they can get away with by law.
    Their financial assessment is appalling and does not take actual circumstances into account. Basically they take all your pension, leaving you worse off than if you had never worked.

    Research shows other councils aren't much better.

    For most people becoming disabled with age is a financial disaster. For working disabled people who need support, simply getting old enough to receive a pension is a financial disaster.

    But this comprises such a small group of people who get social care that nobody is interested.

  13. Gravatar of Jenny HJenny H
    posted 09 August 2016 at 18:05:32

    I have filled in the survey but found that it didn't allow me to answer as I wanted / needed to in places - and there was no comment box at the end for further comments.
    I have said that everything post-ILF has not changed but I need to say that this is not because I have been reassessed and the outcome is that there is no change - but because I am still waiting on the outcome of my (delayed) first assessment since closure. My answers are not based on a new assessment with no change - but that there has been no change due to a delay (and, by the communications from my social worker, it looks like there will be a reduction - though not yet confirmed.) I have also not personally been told about restrictions on what I can spend, or overall cuts affecting me - but this is again because MY assessment is not completed! From a FOI act request I know that other ex-ILF recipients have had a decrease, including more than 50% for 4 (unnamed) people!

  14. Gravatar of John WatersJohn Waters
    posted 15 August 2016 at 09:47:11

    Thank You everyone for taking the time to comment here and for completing the survey.The information given here is vital to us in understanding what is really going on and we will use it to inform our work.

    We will carry on monitoring over time and use the feedback we get to highlight peoples real experiences where ever we can that will make a difference both nationally and locally.

    If you have yet to respond to the survey we will keep it open a few more days; closing end Aug 2016. So please take a few minutes to complete the survey.

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Last Updated : 04 May 2016. Page Author: philippa.barker.