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Suspension of the Care Act – act immediately DR UK has serious concerns about the implications of the Coronavirus Bill on human rights, especially the rights of vulnerable groups, including disabled people. The second reading of the Bill is on Monday 23 March – tomorrow. We are calling on disabled people to act now, today, on this. Our key concern is that the Bill suspends the Care Act. The Bill will effectively free local authorities of their duties to provide social care support under the Care Act 2014 and will only oblige local authorities to provide support in cases where the human rights of disabled people will be breached. Find your MP's contact details: You can find your MP's contact details here: https://www.writetothem.com/ Letter template: Template letter to MP Dear [add your MP’s name] Coronavirus Bill: Disabled people are in danger I am writing to ask you to take action to protect the lives of many thousands of Disabled people. Please raise the issue and if possible table and support the amendments to prevent this from happening. I believe that the #CoronaVirusBill presents a real and present danger to the lives of Disabled people. The government’s plans for Disabled children and adults during the crisis are effectively rolling back 30 years of progress for Disabled people. They also come after years of chronic under funding of social care which have resulted in a social care system already at breaking point. The government’s plans are to: - Remove Disabled people’s rights to social care - Change the duties to educate to meet children’s educational requirements to a ‘reasonable endeavours’ duty - Severely undermine the civil liberties of Disabled people and erode their rights to support. I understand this is an unprecedented and extremely challenging situation, but given the already broken social care system this Bill will almost inevitably leave many thousands of Disabled people without essential support or any rights to request this support. Rolling back our rights is not good for anyone and in the current circumstances will put many lives at risk. Rather than removing Disabled people’s right to social care support the government must treat our essential social care service as key infrastructure, alongside the NHS, and as such it must immediately provide the necessary funding to keep this vital service running. To explain my reasons for writing to you, please see my understanding of negative social implications of the #CoronaVirusBill on the lives of Disabled people and their families detailed below. This information was prepared by the barristers who specialise in public law and disability rights. Yours sincerely, [Name and full address] Implications of the Bill for Disabled people What does it mean for disabled adults? The new Coronavirus Bill 2020 effectively suspends most local authority social care obligations. Jonathan Auburn reports. The key points as regards adult social care – Section 14 gives effect to Schedule 11, which suspends the following provisions of the Care Act – s.9 duty to assess the individual’s needs; s.10 duty to assess carer’s needs; s.13 duty to determine eligibility; s.17 duty to assess financial resources; ss.24-27 care planning duties; ss.37-38 duties relating to people moving areas; and ss.58-64 duties concerning child carers. As to the duty to make provision to meet care needs, that is now limited to meeting needs nly to the extent necessary to avoid a breach of Convention rights. The Bill also affects other related areas. Section 5 and Schedule 4 make provision for the emergency registration of further social workers. Section 9 and Schedule 7 make changes to mental health and mental health legislative provisions. This includes that applications by AMHPs now need be supported by only one medical recommendation, not two. The Bill effectively suspends most assessment, decision-making and planning duties in social care, and greatly reduces duties to provide for social care. We will be discussing the impact of these far-reaching provisions in the coming days. Jonathan Auburn is a barrister at 11KBW. He can be contacted by email. Go to the 11KBW Community Care blog.

It’s been a long while since I last posted anything on this forum. Not that everything’s been running smoothly on the contrary. I’ve just returned back home an hour ago after spending hours trying to calm him down, which is happening more frequently of late. His new support worker had a confrontation with him, he started yelling, throwing anything in sight. My son is a tall gentle lad, he wouldn’t harm anyone, things have became too overwhelming for him, this situation is causing us no end of stress, It is affecting both my son and my heath and mental heath state. I get home feeling upset, drained and helpless worrying about my son endlessly. To cut a long story short. My son lives alone in a flat supported 24/7 . He can be challenging when provoked and in unfamiliar situations . He had started to improve until many of his support workers had left for one reason or another, story of our lives it seems to be the norm these days. Over the past year things have gotten from bad to worst. ...... My son struggles to cope with the wave of all the new support workers he has, he doesn’t know who will turn up to support him from one day to the next that’s confusing enough, they don’t really know him well and constantly getting his support wrong. When I try to raise anything with their manager it’s to no avail. The Manager sides with his staff, they all are quite protective and guarded I’m finding it becoming more and more difficult to speak up. Maybe be it’s time I should to find a new support providers, I’m really unsure of what to do ???? I know many companies are struggling to recruit but thats no excuse. I would appreciate all your suggestions and recommendations.

I forgot to ask would a social worker know what expenses My son and the support provider company should be paying out , it appears that nobody seems to know this, so how would I include this into his care plan? My son has only had 2 care plan assessments since turning 18 years old, the last one was before he went into independent living 2-3 years ago I heard some renewed contacts with social services and the support company with the cut backs , could social services have reduced payments to the support companies so my son now pays for PPE and other expenses , where as other people on the older contacts their support provider continues to get this funding from social services to pay for PPE and the lot. ---------- Post added 20-02-2018 at 11:02 ---------- Thank you Chez2. I don’t know many people to ask about all my sons payments? As I have only found out about Carers using their own cars without me knowing at first, I don’t know what they’re Charing him. The support company won’t be paying that’s for sure I will ask the support company about everything you mentioned

Hi The Carers have business insurance I only found out in passing recently that Carers had been using their own car to drive my son, as well as his mobility car. It’s was agreed between Carers and the support company so they know about it. The support company and Carers must know what charges my son is paying. Before I will contact the support company I want to know excately what and how much my sons has to pay first.

thank you for all your replies I do not have a contract , it’s between social services and the support provide company so they would have a copy each themselves. I only have the care assessment plan, Happyone in your reply stated it should be in the care plan, so does this mean if and when my son will next have an updated assessment , I can then request the social worker to include stating clearing what the support provider pays and what my sons should pay for in his assessment care plan? Have many other families done this before ? For me I really wouldn’t have had a clue, I’ve never and contacts or involved with CQC and don’t want to expose me self, would they become involved with service users expenses? frankly I am drained, recently, one Carer in particular he drives my sons mobility car like a manic there’s so many dumps and scratches. Should the Carer be responsible as he is driving it, yet I’m dealing with this, the Carer and company say it’s not their responsibility. Theres been occasions when Carers use their own cars taking my son out I don’t even know if and what mileage costs they are charging him. Does anybody know what the Carer can claim from my son ? ---------- Post added 19-02-2018 at 13:43 ---------- thank you for all your replies I do not have a contract , it’s between social services and the support provide company so they would have a copy each themselves. I only have the care assessment plan, Happyobe your reply stated it should be in the care plan, so does this mean if and when my son will next have an updated assessment stating clearing what the support provider pays and what my sons should pay for ? For me I really wouldn’t have had a clue, I’ve never and contacts with CQC, would they become involved with service users expenses? frankly I am drained, recently, one Carer in particular he drives my sons mobility car like a manic there’s so many dumps and scratches. Should the Carer be responsible as she’s driving, yet I’m dealing with this, the Carer and company say it’s not their responsibility. Theres been occasions when Carers use their own cars taking my son out I don’t even know if and what mileage costs they are charging him. Does anyone know the mileage cost involved and if there’s any other expenses my sons responsible for ?

Hi It may seem very trivial but I just found out my son is also paying for stationary that his support workers use when writing notes and updates etc. I always thought it was the support provider who pays for for these? I have given them pens every now and then but they all seem to disappear into thin air within a few days. It’s very difficult to find out and maybe in hindsight if I’d known I would’ve had a proper list from the Support provider Compsny so I know what my sons suppose to pay and what they’re responsible for! Does anyone have these issues?

I dont see what difference it should make if I am driving my son and is support workers to wherever my son needs to go. It is usually to satisffy him so I drive them. I don't get paid anything having my son around, I also i fork out the petrol costs and dinners went out together, So I am not adding the burden of extra money for business insurance even if it's not much. His support workers should have their own business insurance but I have never asked about this as I said my son usually pays to travels by taxi Thanks

Hello Sorry, what I meant by appointments it's driving him to some of his scheduled activities, social gathers for him to attend if he makes it out if his house. He doesnt always like to go out much. My son's support workers have their own cars I presume they use it now and then to drive him,. I can't be sure how this works they had claimed back their expenses from him. He pays the taxi costs when they go out anywhere. The problem now is when I drive my son and his support workers. I am needing business insurance.

Hello Thank you for Your response I can contact my insurance company but honestly I'm feeling fed up about this saga I don't even want to bother. I am on my own and don't need this hassle. Why the support providers can't pay insurance for their workers can't really justify it but simply being tight with costs. I'm not sure what I'm going to do maybe just drive my son without his support workers. Sounds mean

Hello Chez2 Thank you for your reply My son's support workers are paid through his direct payments from Social services. I have nothing to do with his support provide company or workers money wise they Do Not support me My involvement is only when I take my son to his appointments, his support worker accompany him in my car, or at times when I invite my son and his support workers out. So I presume I can't drive their support workers as I do not have the proper insurance cover I don't see why I don't have to have business insurance although the support provider company states if I do it covers myself and support workers should I have an accident . I may consider getting a mobility car then probably I will not have this problem and will be able to drive my son and his support workers in my car without having to worry about it I hope this makes sense

I have been asked by my sons care providers whether I have business insurance I would need it in order for support workers to travel in my car. I never knew I needed it. Surely the care providers should cover this insurance for their employees . I can't afford the extra cost of business insurance, I don't have an income and I definitely do not own a business. I qualify for a mobility car which I may consider, if so, would the mobility insurance cover my sons support workers in my mobility car.

My son Is due to have his assessment review with NHS and social services. The council handles all his direct payment finances the day centre and support providers I wonder if anyone knows whether he is entitled to request for a mobile phone contact , or gym / swimming membership etc?

Thank you for your replies The care provider company employs the staff to support my relative so I think they know their responsible for paying PPE. i would like to be able to produce an official written evidence to show the care provider and maybe our social worker who hasn't a clue. I presume care providers receive some payments from Sheffield Council. I dont know which Department deals with these expenditures?

Thanks Chez2 I spoken to the support staff they claim all their clients each have to pay for their PPE. My relative Also pays other expenses which I am sure he shouldnt be charged for. Things are certainly don't seem right. It's awkward. I have asked our social worker, he hadn't a clue. Who should I contact now.

Does anyone know whether Who should pay for the disposable rubber protective gloves, the support provider company or my relative. Support workers wear gloves when applying cream to face, body and bathing etc I thought as part of the support Company's package they get these items paid to them by the council? Any of the things that I should be aware of that support Company are responsible for? Thank you Jo