Wrexham

Disability News Service: Welsh government’s independent living decision ‘threatens support of hundreds’

The following article was taken from the excellent Disability News Service website, written by John Pring.  This blogger takes no credit for the article below:

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The Welsh government’s decision to close its independent living grant scheme and pass the funding to local authorities could see cuts to the support packages of hundreds of disabled people, new research suggests.

Disabled campaigners say that information released by local authorities in Wales has created “extreme cause for concern” about the transition process, which is seeing funding from the interim Welsh Independent Living Grant (WILG) passed to the 22 councils.

WILG was set up by the Welsh government – with UK government funding – as a short-term measure to support former recipients of the Independent Living Fund (ILF) when ILF was closed in June 2015.

But the Welsh government is now closing WILG and by April next year the 22 councils will be solely responsible for meeting the support needs of all former ILF-recipients in Wales.

The Welsh government’s own estimates, released to Disability News Service (DNS) last night (Wednesday), suggest that about 200 former WILG-recipients will see their support packages cut by next April.

Members of the Save WILG campaign, led by former ILF-recipient Nathan Lee Davies (pictured), submitted freedom of information requests to all 22 Welsh councils earlier this year, and they say the responses proved they were right to be concerned that the transition process would lead to many former ILF-users seeing their support packages cut.

Few of the councils were willing to provide detailed information about how the process of re-assessing the needs of the former ILF-recipients in their areas would affect their support packages.

But some of the local authorities admitted that a significant proportion of those currently receiving support through the WILG have already had their support packages cut.

In Wrexham, Davies’ home local authority, the council said it had re-assessed less than a third of former ILF-users but had already cut the support of 18 of them, increasing support for just seven, and leaving one package unchanged.

Monmouthshire council had cut four of 19 packages, Conwy had reduced two of 12 – although the vast majority had still to be assessed – while Caerphilly had reduced four of 29, Merthyr Tydfil had reduced 15 per cent, and both Carmarthenshire and Rhondda councils had cut 10 per cent of support packages.

About a third of the councils – including Pembrokeshire, Gwynedd, Anglesey, Cardiff and Blaenau Gwent – failed to say how many support packages had been cut.

But some local authorities did produce more encouraging answers, with Powys council saying the reassessment process had seen it increase the support packages of 59 of 62 former ILF-users.

Although Port Talbot council had reviewed less than a third of service-users, half had had their packages increased, and the other half had seen them stay at the same level, while Bridgend decided that all but one former ILF-recipient would continue to receive the same support package.

There were also repeated warnings from the local authorities that they could not promise that support packages would not be cut in the future, with Cardiff council warning that “no guarantees as to the future are possible with any funding arrangement”.

Asked if it could guarantee that WILF recipients would have their care packages ring-fenced from all future austerity cuts forced onto local authorities, both Merthyr Tydfil and Port Talbot replied with just one word: “No.”

Huw Irranca-Davies, the Welsh government’s minister for social care, has previously pledged that no former ILF-users would lose out in the transition process.

But a Welsh government spokesman said that its most recent monitoring of the transition had found about 100 of 580 WILG-recipients were having their support “provided in a different manner than previously”*, while 130 were receiving more support.

As about 1,300 people are due to go through the transition, this suggests that about 200 former WILG-users will eventually see their packages cut.

He insisted that the government was committed to ensuring that all disabled people are “fully supported to live independently in their communities”.

And he said that Irranca-Davies had visited both Powys and Wrexham councils this week to “see at first hand the work they have been undertaking” and “will be speaking to other authorities about this over the next few weeks”.

The government spokesman said: “He will also be asking authorities to undertake a deep dive of a sample of cases where there have been significant changes in the type of support people are receiving, to establish the reasons for this and ensure they are receiving the appropriate support they require to live independently.

“This is in addition to the ongoing monitoring of the programme, and an additional independent evaluation which has been commissioned by the minister.”

The spokesman claimed that the “feedback from disabled people” on the transition programme had been “positive”.

He said: “Together with our partners in local government and the third sector, we will continue to closely monitor the process and the individual outcomes of the transition from the ILF to the person-centred and co-produced approach to independent living in Wales.”

But Miranda Evans, policy and programmes manager for Disability Wales, said her organisation was “extremely concerned that disabled people with high support requirements are having their hours of care reduced when transferring over to direct payments”. 

She said: “In a number of cases people are losing their ‘socialising’ hours, which is of great concern. 

“This vital support enables people to play a part in their community, volunteer with a local group and get involved in political life. 

“Without this necessary support disabled people will become isolated, disengaged and unable to leave their home.”

Disability Wales has called for an “urgent review” of the Welsh government’s policy and investigations into the differences between how local authorities are applying it, which she said showed “the further development of a postcode lottery”.

She added: “We remain concerned that funding will be absorbed by social services budgets and not be directed to those who need it: disabled people with high support requirements.”

Davies said the Welsh government’s comments showed that “they simply refuse to see the evidence that is staring them in the face”.

He said: “Yet again the Welsh government seems to think of former ILF recipients as a privileged bunch.

“This is not the case at all, as we are disabled people with high care and support needs who were guaranteed a lifetime of adequate support under the old ILF system.

“They do not deserve to be made to feel like a hindrance by the Welsh government.”

He said the conclusions that can be drawn from the freedom of information responses were “very worrying indeed” and show “a shocking lack of consistency between local authorities, the development of a ‘postcode lottery’, the lack of an adequate complaints procedure for former ILF recipients and an alarming lack of security, or guarantees, for the future”. 

Davies is determined to persuade the Welsh government to keep the current system, which allows former ILF-recipients some security by receiving funding from three different “pots”: WILG, local authorities and their own personal contributions.

He said: “The responses reflect why we started the campaign three years ago and give weight to our belief that the tripartite system of care needs to be maintained.

“Disabled people with high care and support needs simply cannot rely on cash-strapped local authorities to provide the levels of care that they need. 

“One of my biggest concerns is that even the local authorities who have increased a majority of care packages cannot guarantee that these packages will remain at the same levels in future years.

“It is a concern that these generous increases may only be put in place for a year, while the local authorities sharpen their axes for further cuts once the campaign is over.” 

He added: “The Welsh government now need to listen to the voices that have supported our campaign – assembly members, MPs, Disability Labour, Jeremy Corbyn, shadow chancellor John McDonnell, celebrities such as Ken Loach and most importantly their own members who passed a motion calling on them to #SaveWILG at the Welsh Labour conference in April 2018.” 

*The Welsh government press office was unable to confirm by 1pm today that this means that their support hours have been reduced

Desperately Seeking Staff

I am in search of new staff to work alongside me as a personal assistant. This is a fulfilling role that gives you the chance to make a difference to someone else’s life. I am looking for someone who is punctual, reliable, a team player and can be flexible. Word processing skills and a full driving licence are also essential.

Hours can be negotiated a interview.

Drop me a line via the Contact page, Facebook or Twitter. Good luck.

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Female Personal Assistant (Sex Discrimination Act Section 7 (2) (b) (ii) applies, Wrexham (0103) Rate of Pay: Flat Rate: £9.50 per hour or £10.50 at weekends and public holidays – Weekly Hours: To be discussed at interview.

About the employer:

This post is to support a sociable 41-year-old man living in the Wrexham area. He is wheelchair-bound and lives with Friedreich’s Ataxia. Subsequently he requires support to remain independent. An intelligent Author and disabled activist with a good sense of humour, he remains ambitious and adventurous. He enjoys company and likes to go out socialising.

Summary of duties:

To provide support to access various social and recreational activities. You must therefore have a clean driving license. You will need to support with his personal care, including toileting, washing, dressing and preparing meals. He is a very creative individual and requires support to develop his ideas.

Support with gardening and household tasks.

The post will include 5.6 weeks paid annual leave (pro-rata)

Police records check funded by the employer will be required.

The person they are looking for:

The ideal person will have a good sense of humour and should also display plenty of energy, initiative and enthusiasm. In addition, applicants should be patient and trustworthy with a flexible and empathic attitude. A positive attitude and clear understanding of confidentiality is essential. Promoting the independence of the client will be the main focus for any support.

You must be reliable, friendly and punctual.

Times Required:

A variety of hours are available to cover Mornings, Evenings and Weekends. To be discussed at interview.

Holiday and Sickness Cover is also available.

 

Disability Wales Conference 2018 – #SaveWILG

I am likely to have a busy schedule for the next few months – indeed it has been busy for the last 3 years, but we are coming to the zenith of the campaign – and the #SaveWILG campaign was represented by myself at the Disability Wales Conference and AGM at the Ramada Plaza, Wrexham on Friday 12th October.

Please find below the press release for the conference. I feel I spoke well and got my points across to Paul Deer of the Welsh Government who was sitting on the panel of experts.  I was then given the opportunity to address the conference after lunch.

An enjoyable and constructive day was rounded off with drinks in the pub with a close comrade. I only hope all this hard work is being listened to by those who can make a difference…

 

PRESS RELEASE

Equal Before the Law?

Making Legislation Work for Disabled People

 Today at the Ramada Plaza in Wrexham, Disability Wales is hosting a national conference themed on equality and human rights legislation; and whether disabled people are actually experiencing their rights along with everyone else.

Rhian Davies, Chief Executive Disability Wales states:

“In the wake of UK Government austerity measures, disabled people in Wales and across the UK continue to face serious regression of many of their hard-won rights. Disability Wales Annual Conference will provide a timely opportunity to hear from expert speakers about how disabled people can utilise equality and human rights laws to tackle barriers to independent living”

The facts:

Disabled people make up 26% of the population in Wales, which has a higher proportion of disabled people than other nations and most regions of the UK.  (Papworth Trust 2016)

Disabled people face a higher cost of living than non-disabled people, a cost which is rising year on year.b

Around a third of disabled people experience difficulties accessing public, commercial and leisure goods and services.

(ONS and Stats Wales)

Lesley Griffiths AM Cabinet Secretary for Energy, Planning and Rural Affairs will provide a key note address and outline the Welsh Government’s Draft Framework for Action on Disability: the Right to Independent Living.

“Cabinet Secretary for Energy, Planning and Rural Affairs Lesley Griffiths said: “We want to make sure disabled people have access to the same opportunities as everyone else. Next month we will be publishing our new Framework which sets out how we are addressing social barriers to equality and inclusion.

“It will be accompanied by an action plan to tackle some of the key barriers identified by disabled people themselves, including transport, employment, housing and access to buildings and places.

 “This is a result of a great deal of engagement over nearly two years with disabled people and the organisations that represent them and I want to thank everybody who has helped in this process.”

Conference delegates will also hear from Simon Hoffman Associate Professor at the College of Law and Criminology at Swansea University.  Simon will talk about Progress made on the incorporation of Human Rights in Wales.

Disabled activist and campaigner Doug Paulley will enlighten the conference on how he has challenged the discrimination he’s encountered using legislation.  Doug has brought more than 40 legal cases against organisations that discriminated against him including bus and train companies.

Doug said:

“Fighting disability discrimination takes its toll on you.  The constant battle with service providers to get what I am lawfully entitled to has affected my mental and physical health”

“So, the enforcement mechanism of the Equality Act is fundamentally broken, for me and for all disabled people. Despite this, I’ve produced a guide showing how I have occasionally managed to enforce my rights through the courts, and hopefully to help a few other disabled people do so too.”

Ellen Clifford, Campaigns and Policy Manager for Inclusion London will share her vast experience of campaigning for the rights of disabled people.

The event will be chaired and facilitated by Rhian Davies, Chief Executive of Disability Wales. Questions to the panel and round-table discussions will provide an opportunity for lively debate.

The audience includes disabled people and their allies, representatives of Disabled People’s Organisations, third sector and both local and national government bodies.

 *ENDS*

Ombudsman Report Highlights Post-ILF Struggle for Justice #SaveWILG

The following text can be found on the Local Government & Social Care Ombudsman website and was sent to me by one of my comrades who will be contextualising the article for WILG recipients in Wales. As soon as she does I will share this with you but I thought it may be of interest for people to read the whole, harrowing story.

This is a case of a former ILF recipient who had to jump through hoops to force his Council (London Borough of Waltham Forest) to give him the care and support that he obviously needed. Although this former ILF recipient is based in England and therefore under a different legal jurisdiction, there are many similarities in our cases and determination to ensure justice is being served.

Hopefully, things won’t come to this for myself, but if they do I will be showing the same spirit to fight to the end. This has been a really good weekend with Wrexham AFC winning convincingly at the Racecourse and Welsh Labour falling into line with the rest of the Labour Party and agreeing to elect their next leader using OMOV (One Member One Vote).

The tide is turning and although we still have an uphill struggle on our hands I will move into the latter stages of the #SaveWILG campaign with renewed belief and energy.

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The Ombudsman’s final decision:

Summary: The Council was at fault in its reassessments of the complainant, after his Independent Living Fund had been withdrawn. The Council agreed to appoint an independent social worker to review the complainant’s needs and this has resulted in the Council significantly increasing the complainant’s care hours. The Ombudsman is satisfied that this resolves the complaint.

The complaint

  1. The complaint is made on behalf of the complainant by a Legal Rights Officer. I will call the complainant Mr X and the Legal Rights Officer as Mr Y.
  2. Mr X complained that the Council failed to assess him properly following the ending of the Independent Living Fund in 2015. Mr X says the Council cut his support considerably. As a result, Mr X has not had all his assessed needs properly met by the Council.
  3. In particular Mr Y was concerned that the Council was using the old, pre Care Act 2014 banding system regarding eligibility, that the Council failed to involve Mr X in the care and support planning process, that the Council failed to adequately account for the reduction in Mr X’s budget and that there were arbitrary caps to the level and care available.

The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

   How I considered this complaint

  1. I have obtained written information from Mr Y and from the Council. I have also spoken to Mr Y on the telephone and more recently to Mr X. The Council has also provided written comments and regular updates.

What I found

  1. The Care Act 2014 came into effect in April 2015. It replaced the previous Fair Access to Care Services (FACS). The Care Act 2014 aimed to create parity between local authorities in how need and support was assessed.
  2. Section 1 of the Care Act creates a new statutory principle to promote the adult’s well being. Section 13 requires a council to determine whether a person has eligible needs after they have carried out a needs assessment or a carer’s assessment.

   Care Act 2014 assessments

  1. Sections 9 and 10 of the Care Act 2014 require local authorities to carry out an assessment of any adult who appears to need care and support. They must provide an assessment to all people regardless of their finances or whether the local authority thinks an individual has eligible needs. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. It must also involve the individual in the assessment and, where suitable, their carer or any other person they might want involved.
  2. The Care and Support (Eligibility Criteria) Regulations 2014 set out the eligibility threshold for adults with care and support needs. The threshold is based on identifying how a person’s needs affect their ability to achieve relevant outcomes, and how this impacts on their wellbeing. To have needs, which are eligible for support, the following must apply:
    • the needs must arise from or be related to a physical or mental impairment or illness; and
    • because of these needs, the adult must be unable to achieve two or more of the following outcomes:
  • managing and maintaining nutrition;
  • maintaining personal hygiene;
  • managing toilet needs;
  • being appropriately clothed;
  • being able to make use of the adult’s home safely;
  • maintaining a habitable home environment;
  • developing and maintaining family or other personal relationships;
  • accessing and engaging in work, training, education or volunteering;
  • making use of necessary facilities or services in the local community including public transport, and recreational facilities or services; and
  • carrying out any caring responsibilities the adult has for a child.
  1. To be eligible for support, not achieving those outcomes must be likely to have a significant impact on the adult’s well-being.
  2. Where the Council decides a person has eligible needs, it must meet these needs. When the Council decides a person is or is not eligible for support it must provide the person with a copy of its decision.
  3. The Council must provide a care and support plan which considers:
    • What the person has
    • What they want to achieve
    • What they can do by themselves or with existing support
    • What care and support may be available in the local area.
  4. The support plan includes a personal budget which is the money the Council has worked out it will cost to arrange the necessary care and support for that person. The personal budget gives the person clear information about the money allocated to meet the needs identified in the assessment and recorded in the plan. The detail of how the person will use their personal budget will be in the care and support plan.
  5. The personal budget must always be an amount enough to meet the person’s eligible care and support needs. It can be administered by the Council, by a third party, or as a direct payment. Direct payments enable people to commission their own care and support to meet their eligible needs. The Council must consider requests for direct payments made at any time and have clear and swift procedures in place to respond to them.
  6. Eligibility determination must be made after the needs assessment. Councils still have the power to meet needs that are not considered eligible in order to help maintain wellbeing and independence. Councils should consider risk factors which can include physical safety.

Reviews

  1. The Council should consider reviewing the care and support plan six to eight weeks after agreeing it, and then review it at least every 12 months. The Council must also conduct a review if the adult or a person acting on the adult’s behalf asks for one. (Care Act 2014, section 27)
  2. Councils must keep care plans under review to make sure they do not get out of date. Reviews must involve the cared for person and check if their circumstances or needs have changed.
  3. Reviews should cover important issues. Those particularly relevant to this complaint include:
    • If someone’s needs or circumstances have changed.
    • What is working and what might need to change in the person’s care.
  4. Reviews must not be used to arbitrarily reduce someone’s care and support package. And, where a council decides to significantly reduce the level of services, it must provide cogent reasons.
  5. The Mental Capacity Act 2005 explains that mental capacity assessments should always be about someone’s capacity to make a particular decision at a specific time. Councils should assume every adult has capacity to make decisions unless an assessment proves otherwise.

The Council’s procedures

  1. The Council’s Quality Assurance Meeting Panel (the Panel) considers funding for care packages. It has guidance about how it calculates a personal budget and it says that different weightings are given to different answers in the assessment.
  2. The Council uses a Resource Allocation System to determine funding of eligible needs.
  3. The Council has provided guidance to its social workers and occupational therapists about the new requirements of the Care Act 2014.

The Independent Living Fund (ILF)

  1. The ILF provided funding to eligible disabled residents. This was a Government based discretionary scheme to help people who had day and night care needs.
  2. The ILF had its own funding criteria. From July 2015 councils became responsible for all care provision rather than the ILF. The Department of Health stated that funding in respect of former ILF users would be distributed to councils on the basis of local patterns of expenditure. The Government provided nine months of funding (July 2015 to April 2016). But there was no requirement for councils to ring fence this money.

Key facts

  1. Mr X is elderly, is registered blind, is doubly incontinent, suffers from severe arthritis throughout his body and from anxiety and from diabetes. He is also obese and is prone to falling. He has significantly reduced mobility. Mr X requires personal assistance in all areas of daily living.
  2. Mr X has been a service user since 2003. In addition to receiving funding from the Council, Mr X was in receipt of support from the ILF. Mr X was receiving a care package, consisting of £418.14 per week from the Council and £792.96 from the ILF. His package included night as well as day time support.
  3. When the ILF closed, the Council became fully responsible for meeting Mr X’s needs. Mr X says he did not have a carer with him or an advocate during the 2015 assessment and he had a number of complaints about the behaviour of the assessor. The assessment recorded that Mr X had high support needs in most activities.
  4. After this assessment, the Council reduced Mr X’s care package as the Panel agreed to provide 23.5 hours per week. Mr Y says this reduced Mr X’s care package by as much as by 75%. But the Council failed to provide reasons to explain this significant reduction. Mr X appealed this decision and asked the Council to reconsider. However, the Council’s decision remained the same.
  5. In December 2015 Mr X’s solicitors sent a pre-action protocol letter to the Council, threatening legal proceedings and stating that the Council had failed to carry out a lawful assessment or provide a lawful care and support package. The Council stated that it had carried out its assessment in conjunction with specialists from the National Health Service (NHS). The Council decided that Mr X did not require night time support because he was able to transfer out of bed using his zimmer frame.
  6. Mr X was unable to proceed with his proposed legal action because he was not eligible for legal aid. Mr X says that, as a result of the Council’s cut to his budget, he had to give notice to a number of his carers. Since the reduction in Mr X’s care package, Mr Y says he has struggled to maintain his independence safely and his well being.
  7. In October 2016, the Council agreed to deal with Mr X’s concerns as a formal complaint. As a result of a Freedom Information Request, Mr Y learnt that a number of the Council’s service users had had their care budgets cut.
  8. In July 2016, the Council carried out a reassessment of Mr X’s care package. Mr Y attended the reassessment which was undertaken by a social worker and an occupational therapist. Mr Y considered that the officers were mindful of what the Funding Panel would approve rather than what Mr X required. Further, the completed assessment and the care and support plan did not mention the outcomes of the Care Act eligibility criteria. So, as a result, Mr X’s needs in relation to particular outcomes were not given sufficient consideration.
  9. After the 2016 reassessment, the Council agreed 25.15 hours per week of support. This consists of 19.15 hours of support for personal care, 3 hours for socialising, 2 hours per week for counselling and 1 hour for support with paperwork and appointments. Mr Y maintained that this was not sufficient to meet Mr X’s eligible needs.
  10. The Council agreed to carry out a further assessment as a result of Mr X’s continued concerns. The Council also sought information from Mr X’s General Practitioner (GP). Mr X also applied for a Disabled Facilities Grant (DFG) so that he could install a level access shower.
  11. The Council provided some additional equipment to Mr X as assessed as necessary by the Council’s occupational therapist. This equipment was primarily to assist Mr X with his mobility, prevent falls and to provide safety.

Mr Y’s concerns

  1. Mr Y is critical that both the 2015 and 2016 assessments failed to properly identify Mr X’s eligible needs in the light of the requirements of the Care Act 2014.
  2. In particular, the Council had not sufficiently considered the impact of Mr X being doubly incontinent and that he could not manage his toilet needs without assistance. This was particularly relevant at night time. So, often Mr X had soiled himself and he had to wait until the arrival of the morning carer to wash him. This affected Mr X’s sense of independence and harmed his dignity and well being. It also meant that the morning carer’s time was spent washing and clearing up. Moreover, Mr X was vulnerable to falls at night times, when attempting to get to the toilet, resulting in him hurting himself.
  3. Mr Y was also concerned that there has been a lack of transparency in respect of the calculation of funding. The Council’s Resource Allocation System (RAS) is a software programme that calculates the indicative budget using the information in relation to service users’ needs assessments. Mr Y says that it is not clear whether the software is sufficiently sensitive to identifying all eligible needs. Further the guidance states that complex RAS models of allocation may not work for all client groups where people have complex needs.
  4. Mr Y considers that the RAS may place a cap on provision. He also raised a concern that the Council had not ring fenced the funding provided by Government to either former ILF clients or adult social care more generally.
  5. Mr Y says that the Council has not, over the past two years, provided cogent reasons for the significant reduction in Mr X’s care package, that the care and support plan did not show how eligible needs would be met by the personal budget, that reference was being made by officers to setting levels of care that the Panel would agree and that the Council may have reduced the care package for a number of clients who previously received ILF funding.
  6. In conclusion Mr Y states “The Council’s failure to provide a detailed breakdown in relation to all tasks required to meet Mr X’s needs and reference eligibility outcomes throughout both the needs assessment and care planning process has resulted in an arbitrary package that does not genuinely involve the individual’s view on what is needed and is a far cry from the person centred model that is required by the Care Act. That would not be as much of an issue for our client if his needs were being met by an adequate care package but because he has had a 75% reduction in support, this one size fits all approach is compromising our client’s physical and mental wellbeing”.

The Council’s response

  1. The Council says that, in line with many other local authorities, it did not ring fence the additional funding from the Government. It had the discretion to do this. It is also satisfied that each person has been robustly reassessed and, while some people have had their budget reduced, others have had an increase.
  2. The Council had arranged for Mr X to have four visits per day, three hours socialising per week, two hours counselling and one hour of support with appointments and correspondence. The Council says Mr X had chosen to take his care hours as a block each day, between 9am and midday, which it did not consider was helpful to him. But the Council recognised that this was Mr X’s preference because he finds it difficult to cope with a variety of carers arriving at different times of the day.
  3. At the time of the events of this complaint, the Council says it was using an old version of the care and support plan recording form which had the previous ratings under FACS. But the system has now been updated.
  4. The RAS produces an indicative budget but a final budget is determined after consideration of the client’s care and support plan.
  5. The Council says that, at the time of the assessments, Mr X was not bed bound and that he was able to get out of bed at night and either use his commode or downstairs toilet. The Council says Mr X demonstrated how he was able to mobilise independently by using his walking frame.
  6. In June 2015, the Funding Panel agreed 23.5 hours per week and in August 2016 this was increased to 25 hours and 15 minutes per week.

Analysis

  1. The Care Act 2014 brought in significant changes to the assessment of need and provision of care. Its aim was to eliminate the previous post code lottery of provision through the introduction of national eligibility criteria and to ensure a person-centred approach to meet desired outcomes.
  2. The Council had failed to demonstrate what needed to be done at each care visit and no allocation was given to the substantial time required for Mr X’s toilet needs to be met. Moreover, Mr X was becoming reluctant to try to attempt to get out of bed at night time because he was prone to fall. This was also causing a decline in his wellbeing. It is also difficult to understand the Panel’s rationale for reducing Mr X’s care package in the way it has done.
  3. It is important that, in the spirit of the Care Act, the Council ensures that Mr X’s needs are properly recorded and provided for and that sufficient attention is given to the desired outcomes to prevent unnecessary decline in his wellbeing.
  4. Overall, I considered that there is evidence of fault by the Council in that I cannot be satisfied that the assessments of 2015 and 2016, and subsequent support plans, properly identified Mr X’s eligible needs because:
      1. The impact of being doubly incontinent was not properly assessed. The adaptations or equipment referred to by the Council did not appear to manage this difficulty bearing in mind the need to retain Mr X’s dignity. The Care Act outcome on managing toilet needs was therefore too restrictive;
      2. The impact of Mr X’s visual impairment and its effects on him in achieving the range of required outcomes was not fully recognized;
      3. Mr X required assistance to achieve all but one of the outcomes listed at paragraph 9. It was not clear how the care package was able to achieve this or the reasons for the significant cut in his care package since 2015;
      4. While the RAS is commercially sensitive, it was not clear how the Council allocated hours to need.
  5. Mr Y and Mr X had lost confidence in the Council’s ability and willingness to assess him in line with the Care Act. They feared that resources may be determining his level of need and subsequent care package.
  6. The most appropriate way to resolve this complaint was for there to be an independent assessment of Mr X’s needs and care package, carried out by an assessor who has some experience of working with visually impaired clients. Particular attention needed to be paid to Mr X’s toileting needs and consideration given to how he managed at night time and the implications this has had on the care hours he might require.
  7. We recommended that the Council carried out an independent assessment. The Council agreed and this assessment took place during the course of the Ombudsman’s investigation.

Independent assessment of September 2017

  1. Mr Y sent to the independent assessor the Council’s earlier assessments and support plans. The independent assessor recommended 93.25 care hours which was a significant difference between the Council’s previously recommended 25.5 hours.
  2. The Council’s Panel had to consider this assessment. However, during the course of this investigation, Mr X suffered a serious fall and was in hospital. This fall resulted in Mr X ‘s mobility being seriously affected and he is now in a wheelchair.
  3. In December 2017, the Council agreed a care package of 66.25 hours per week broken down to also ensure Mr X’s safe discharge from hospital. The Council also agreed to review the care package in January 2018 and the Team Manager visited Mr X at his home.
  4. Since then, there have been discussions between the Council, Mr Y and Mr X about night time support and other aspects of the care package. This has resulted in the Council agreeing to two carers arriving at 11.30pm for 30 minutes to help with Mr X’s toileting and to repositioning him in bed. The Council has also allocated one hour to help Mr X with shopping and it has provided Mr X with details of the wheelchair taxi service, although to date he has not been able to use this service.
  5. Mr X has indicated that the Council is now providing an acceptable care package and support plan and it is an improvement on what the Council had previously been willing to provide. Mr Y hopes that the lessons learnt from his complaint will have implications for the way the Council now undertakes all care assessments and support plans in future.

Agreed action

  1. The Council agreed the independent assessment of Mr X’s care needs and this has resulted in a significant increase in his care hours. I am satisfied that the Council has been at fault in its earlier assessments of Mr X for the reasons set out and for the reasons referred to by Mr Y. The remedy for this was for the Council to commission an independent assessment and to reconsider Mr X’s care package. The Council also agreed to pay £250 for Mr X’s time and trouble in making his complaints.
  2. However, Mr X’s health does seem to be deteriorating so it is important for the Council to keep a close watch on this and carry out regular reviews of the support package.
  3. The Council has followed the Ombudsman’s recommendations. However, subsequent to the independent assessment, Mr Y requested a substantial compensation payment to Mr X for his lost care hours and for the monies he spent on meeting his needs. However, this is not a matter which I investigated as part of this complaint.
  4. I therefore consider it is appropriate to end this complaint investigation given the independent assessment and the resulting new support plan has resolved most of Mr X and Mr Y’s original complaint.
  5. However, it is open to Mr Y or Mr X to make a further complaint to the Council first and then, if dissatisfied, to the Ombudsman, on the issue of his losses. It would also be possible for Mr X to consider making a legal claim against the Council.

Final decision

  1. There is evidence of fault by the Council causing an injustice to Mr X. The Council has provided the recommended remedy. I have therefore completed this investigation and I am closing the complaint.

PLAID CYMRU PRESS RELEASE: Leanne Wood AM Shows Support #SaveWILG

Pressure is mounting on the Welsh Government to maintain an essential grant for disabled people after 20% of AMs backed a statement of opinion.

Plaid Cymru has tabled a Statement of Opinion in the National Assembly calling for the Welsh Independent Living Grant, which allows severely disabled people to continue to live independently, to be retained. The Welsh Government plans to scrap the grant next year, transferring the responsibilities over to Local Authorities.

Nathan Lee Davies, of Wrexham, has been campaigning to keep the grant for several years, and managed to pass a motion of support for maintain the grant at this year’s Welsh Labour Spring Conference.

Plaid Cymru leader Leanne Wood AM said:

“Those in receipt of the Welsh Independent Grant tell me how vitally important it is to them. Not only financially, but more importantly it gives them that independence to control their own lives. We all have our dignity, and having that ability to make our own decisions over our own lives is important for all of us. This is why recipients of the WILG wish to keep it, and given the chance to roll it out to other disabled people as well.

“Scotland have managed to keep their Independent Living Fund, ensuring that they have a national criteria. They’ve also invested more into it, meaning that more people can benefit from it. Evidence from London shows that former Independent Living Fund Recipients there have suffered as a consequence of the Tories cutting the grant and passporting the programme onto local authorities. Labour in Wales should follow the Scottish lead rather than the Tories in England, and ensure that our most seriously disabled people are shown respect and can live their lives as independently as possible. Recipients of WILG are seriously concerned about the future when they should be enjoying what is left of their lives.”

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Plaid Cymru Assembly Member for North Wales, Llyr Gruffydd said:

“Recipients of the Welsh Independent Living Grant tell me that the system as it is now works well, and they fear that transferring the responsibility over to councils would compromise their independence. Maintaining their independence is paramount. Their dignity and right to independence should be respected.

“Scotland’s Government has maintained its Independent Living Grant and indeed invested in the scheme. It’s widely supported by disabled people, and it provides a national criteria instead of forcing a prescribed criteria locally that would result in a post code lottery for the most severely disabled people. This is what will happen in Wales under the proposals.

“I’m calling for each Assembly member to sign up to my Statement of Opinion, and urging as many people to contact their Assembly Member asking them to support it. So far 20% of Assembly Members have signed up. I would hope that Labour Assembly Members would support it, as it chimes with their own party policy that was only passed earlier this year following a strong grassroots campaign.”

Disability campaigner Nathan Lee Davies, of Wrexham, gave his backing for the Statement of Opinion:

“This is a very frightening time for disabled people with high care and support needs across Wales as they are being asked to rely solely on cash-strapped local authorities to meet their daily living requirements. The Welsh Government is quite simply washing its hands of all responsibility towards this section of society.

“Care packages were originally agreed upon by the disabled individual, local authorities and a third-party social worker who was entirely independent. Under the new system, who would disabled people be able to turn to if they did not agree with the local authority? The existing tripartite system for deciding care packages MUST be maintained.

“I should also underline the fact that I am an employer who provides work for five other people. The loss of WILG could mean that my personal assistants will be losing significant amounts of work.”

The Statement of Opinion says:

This Assembly:
1. Notes the cuts suffered by local authorities over recent years, and the squeeze on social services budgets across Wales.
2. Further notes that article 19 of the United Nations Convention on the Rights of Persons with Disabilities states how people with disabilities should have “choices equal to others”.
3. Commends the Scottish Government on introducing a successful Independent Living Fund that is trusted and has a national criteria.
4. Believes that the Welsh Independent Living Grant should be retained as a national funding package with a national criteria, ensuring the recipients independence, along the lines of ILF Scotland.
Anybody wanting to urge their AM to sign the Statement of Opinion should ask them to support OPIN-2018-0094 The future of the Welsh Independent Living Grant

SOP and signatories here: http://record.assembly.wales/StatementOfOpinion/94

Ends

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#SaveWILG REACTION: Social services ‘close to breaking point’ as it faces £3m budget cut

This is a four part Tweet that I have just posted on Twitter in relation to an article that appeared in the local newspaper on Friday about the self manufactured crisis that Wrexham CBC Social Services find themselves in:

@fmwales @huw4ogmore @JulieMorganLAB @MarkDrakeford @johnpringdns @PaulNeilMartin @IanCLucas @lesley4wrexham @DavidRowlandsAM @JFinchSaunders @RhunapIorwerth @MikeHedgesAM @neiljmcevoy Still they want to close WILG. MANY LA’s are in similar situations: http://www.leaderlive.co.uk/…/16345358.wrexham-social-serv…/ … 1/4

Disabled people with high care and support needs across Wales MUST be protected. This is what EVERYONE believes is right apart from a few civil servants and Minister’s in Cardiff. Our FOI’s clearly show that there is chaos and confusion across Wales over WILG reassessments. 2/4

As my progressive condition deteriorates I am in urgent need of 24/7 care within my own home as I struggle against Mother Nature. No one should be forced to sleep on a urine soaked mattress due to inadequate care. This is happening NOW in the 21st century. 3/4

Welsh Labour need to look at themselves in the mirror and ask themselves why they are in power if they can’t help those who need their help the most. 4/4

***

 

Here is the article in question taken from The Leader

FEARS have been raised that social services in Wrexham are close to breaking point after it was revealed they could face a £3m budget cut.

Wrexham Council is looking to save approximately £11m in the next two years and has warned that a reduction in spending across both adults and childrens’s social care could be required unless central funding increases.

While stressing that the £3m figure had yet to be formally agreed, leading councillors are lobbying to be given more money to allow them to continue to protect vulnerable residents.

Addressing an executive board meeting this morning, leader of the council Mark Pritchard said: “They’re all important services and we’re here to protect and look after these difficult cases and individuals.

“We can’t continue to cut in these areas, because the departments and the service will break and it’s close to that now. I have no problem saying that.

“It’s only down to the dedicated staff in Wrexham and all across Wales that we continue to deliver these services.

“You can’t continually put money in health and not put money into social care. I have no problem with extra going into health, I celebrate it and it’s a must as well, but you can’t then not put it into social care as well.

“I don’t think a lot of people understand it, because I go and visit people and they are not aware of all the money being cut from us by Westminster and Cardiff.”

In a report it was revealed that Wrexham Council has made more than £6.3m worth of cuts to adult social care during the last four years and savings of approximately £1.3m from childrens’ services.

The social services department said it had made every effort to reduce the impact on vulnerable people while reshaping services.

However, an opposition group leader questioned where the suggested £3m savings figure had come from.

Labour leader Cllr Dana Davies said: “Can I have some clarity over where that £3m figure has come from over the next two years, as my understanding is we’re still in the budget process and no firm decisions have been made.”

In response, finance officer Mark Owen said the figures had been outlined at a previous meeting and were only indicative at this stage.

He said: “The executive board report that went in January of this year included savings which were agreed in principle at that stage in the adult social care area of about £1.9m and childrens’ social care of around £30,000.

“Then there was some other cross cutting savings associated with developing the budget for 2019/20. Those haven’t been decided that they’re going to happen, but they were clearly laid out in that report.

“You all know that we’re looking to save around £11m over the two years based on our planning assumptions and given the scale of the social care budget then the £3m would not be unreasonable in terms of the level of savings that would apply to that service area.”

Councillors voted to approve the annual social services director’s report and the improvement priorities highlighted.

The council’s final budget, including cost savings, is set to be decided at a future meeting.

Pressure grows to keep disability living grant #SaveWILG

Taken from the Plaid Wrecsam blog with sincere thanks.  

Pressure is mounting on the Welsh Government to maintain an essential grant for disabled people after 20% of AMs backed a statement of opinion.

Plaid Cymru AM Llyr Gruffydd has tabled a Statement of Opinion in the National Assembly calling for the Welsh Independent Living Grant, which allows severely disabled people to continue to live independently, to be retained. The Welsh Government plans to scrap the grant next year, transferring the responsibilities over to Local Authorities.

Nathan Lee Davies, of Wrexham, has been campaigning to keep the grant for several years, and managed to pass a motion of support for maintain the grant at this year’s Welsh Labour Spring Conference.

Llyr Gruffydd, Plaid Cymru’s North Wales AM, said:

“Recipients of the Welsh Independent Living Grant tell me that the system as it is now works well, and they fear that transferring the responsibility over to councils would compromise their independence. Maintaining their independence is paramount. Their dignity and right to independence should be respected.

“Scotland’s Government has maintained its Independent Living Grant and indeed invested in the scheme. It’s widely supported by disabled people, and it provides a national criteria instead of forcing a prescribed criteria locally that would result in a post code lottery for the most severely disabled people. This is what will happen in Wales under the proposals.

“I’m calling for each Assembly member to sign up to my Statement of Opinion, and urging as many people to contact their Assembly Member asking them to support it. So far 20% of Assembly Members have signed up. I would hope that Labour Assembly Members would support it, as it chimes with their own party policy that was only passed earlier this year following a strong grassroots campaign.”

Disability campaigner Nathan Lee Davies, of Wrexham, gave his backing for the Statement of Opinion:

“This is a very frightening time for disabled people with high care and support needs across Wales as they are being asked to rely solely on cash-strapped local authorities to meet their daily living requirements. The Welsh Government is quite simply washing its hands of all responsibility towards this section of society.

“Care packages were originally agreed upon by the disabled individual, local authorities and a third-party social worker who was entirely independent. Under the new system, who would disabled people be able to turn to if they did not agree with the local authority? The existing tripartite system for deciding care packages MUST be maintained.

“I should also underline the fact that I am an employer who provides work for five other people. The loss of WILG could mean that my personal assistants will be losing significant amounts of work.”

The Statement of Opinion says:

This Assembly:
1. Notes the cuts suffered by local authorities over recent years, and the squeeze on social services budgets across Wales.
2. Further notes that article 19 of the United Nations Convention on the Rights of Persons with Disabilities states how people with disabilities should have “choices equal to others”.
3. Commends the Scottish Government on introducing a successful Independent Living Fund that is trusted and has a national criteria.
4. Believes that the Welsh Independent Living Grant should be retained as a national funding package with a national criteria, ensuring the recipients independence, along the lines of ILF Scotland.
Anybody wanting to urge their AM to sign the Statement of Opinion should ask them to support OPIN-2018-0094 The future of the Welsh Independent Living Grant

SOP and signatories here: http://record.assembly.wales/StatementOfOpinion/94