This essay will consist in an attempt to assess
This essay will dwell in an effort to measure the jurisprudence associating to the proviso of attention for handicapped people in the community with mention to Margaret and Christine Campbell. It will get down by covering with the jurisprudence associating to appraisal of demands and so travel on to the type of services that could be offered to Margaret and Christine.
From April 2002 the Health and Social Care Act 2001 put the duty of measuring the degree of support required and funding the appropriate service on the societal services section of the Local Authority in partnership with the NHS. The societal services now have a responsibility to measure the demands of persons and make up one’s mind what attention is appropriate. The Act prescribes that certain services must be provided. The most relevant in footings of Margaret is the responsibility to supply public assistance services for people over 18 who are normally resident in the country and who are mentally broken or well disabled. [ 1 ] There is besides a power to supply services for older people. [ 2 ]
The first measure is for the Local Authority to exert their discretion and accept duty for Margaret as person who is in demand of attention and as person for whom they can supply attention. In Margaret’s instance she has Downs Syndrome, hapless mobility and few egos attention accomplishments so it seems likely that she will be eligible for attention. Once that is established the Local Authority are obliged to transport out an appraisal of demand to set up the type of attention required. They are obliged to make so under subdivision 47 ( 1 ) of the Health and Social Care Act 2001. They are required to transport out an appraisal even if the relevant individual has non requested it. So in Margaret’s instance they would be obliged to transport out the appraisal every bit shortly as she became occupant in the country, but surely following Christine’s question. There may besides be an overlapping responsibility with the primary attention trust which would be responsible for supplying nursing attention if that is required.
If the appraisal shows that the individual concerned is disabled the process to follow is laid out in the Disabled Persons ( Services and Representations ) Act 1986. If the individual falls into this category appraisal under that Act triggers proviso of attention under the Chronically Sick and Disabled Persons Act 1970 [ 3 ] . It is of import to observe that the House of Lords has held that the County Council are permitted to see their ain resources in the determination doing procedure as they are required to equilibrate the badness of the disablement with the resources required to run into it. They are non nevertheless permitted to take the determination based strictly on their fiscal resources. [ 4 ]
It is possible for Margaret to do an application for appraisal or for Christine to do an application on Margaret’s behalf, but they do non hold to make this. Equally shortly as the societal worker indicates a demand for attention, the duty to transport out an appraisal of demand is triggered.
In transporting out the appraisal the Local Authority is required to move in conformity with waies laid down by the Secretary of State. In the West Midlands for illustration there is a West Midlands Regional Single Assessment Process Group which produced counsel on the workings of cross boundary issues to try to steam line the proviso of services. [ 5 ] This kind of counsel may use to Margaret as she has moved to the West Midlands. Harmonizing to the Social Services Inspectorate Guidance the appraisal should include, but are non limited to the followers:
- Active engagement of the individual concerned
- Consideration of the degree of ego attention and the demands of carers and other elements deemed necessary for minimal quality of life.
- It must besides be taken into history the demands of most concern to both the individual and the carer.
- They must hold realistic aims to run into prioritised demands promote the independency of both user and carer, maintain the attention for the user and arrange support for the carer.
- Identify the demand for adjustment, nursing attention or other community attention.
Using those standards to Margaret and Christine ; clearly both their wants will hold to be taken into history. We have already discussed the fact that Margaret’s degree of ego attention is low. In footings of taking Christine’s needs into history it will be relevant that she is in hapless wellness herself and may therefore necessitate more aid than other carers might. Other elements associating to minimal quality of life will likely include issues such as Margaret’s hapless mobility due to her weight. The fact that Christine does non believe she will be able to run into all of Margaret’s physical demands due to her ain status might bespeak a demand for the proviso of nursing attention or the aid of another type of wellness attention professional.
Importantly the cost of the appraisal must non be met by the handicapped individual it must be met by the NHS Trust. In drumhead, all relevant questions must be made by the Local Authority and the load is on them to make so, it is non on the handicapped individual or carer to volunteer information. Once the full appraisal has been carried out it is up to the societal service section and the NHS Trust where relevant to set in topographic point the attention program and to get down supplying the relevant services.
Section 2 of the Chronically Sick and Disabled Persons Act 1970 provinces inter allia:
Where a local authorization holding maps under subdivision 29 of the National Assistance Act 1948 are satisfied in the instance of any individual to whom that subdivision applies who is normally resident in their country that it is necessary in order to run into the demands of that individual for that authorization to do agreements for all or any of the undermentioned affairs, namely-
( a ) the proviso of practical aid for that individual in his place ;
( degree Celsius ) the proviso for that individual of talks, games, excursions or other recreational installations outside his place or aid to that individual in taking advantage of educational installations available to him ;
( vitamin D ) the proviso for that individual of installations for, or aid in, going to and from his place for the intent of take parting in any services provided under agreements made by the authorization under the said subdivision 29 or, with the blessing of the authorization, in any services provided otherwise than as aforesaid which are similar to services which could be provided under such agreements ;
( degree Fahrenheit ) easing the pickings of vacations by that individual, whether at holiday places or otherwise and whether provided under agreements made by the authorization or otherwise ;
… it shall be the responsibility of that authorization to do those agreements in exercising of their maps under the said subdivision 29.
This clearly indicates that the Local Authority are obliged to supply these peculiar services where there is a demand for them. It seems likey that if Christine is non able to run into Margaret’s full practical needs the Local Authority will hold to supply place aid. One of Christine’s peculiar concerns is that she will non hold the energy to maintain Margarte entertained all the clip. In that event bomber subdivision ( degree Celsius ) will likely come into drama, i.e. the proviso of excursions, talks, games etc to assist maintain Margaret occupied outside of Christine’s place. It is besides an issue that Margaret has mobility jobs due to her weight so subdivision ( vitamin D ) will likely necessitate that conveyance is provided tohelp Margaret take advantage of the services. By and large, it may be that the Local Authority are besides required to supply vacations for margaret under subdivision ( degree Fahrenheit ) .
There is besides statute law specifically ordering support for carers. For illustration The Carers ( Recognition and Services ) Act 1995. This Act brigs carers into the assessment procedure. The Local Authority is required on petition to transport out an appraisal of the carer’s demands and ability to rpovide attention. As discussed above this may ensue in proviso of services to the carer or straight to the individual in demand. So in Christine’s instance her sick wellness would hold to be taken ointo history when set uping both what shee neded in the manner of suport andf what Margaret needed in the manner of services.
The concluding point to observe is that the above proviso of service may ensue in some fiscal spending on Christine and Margarets portion. The Health and Social Services and Social Security Adjudications Act 1983 gives Local Authorities the power to charege receivers of non residential services and to retrieve such costs as they consider sensible. Equally long as they merely recover what it is moderately operable for the receiver to pay. There are a figure of strategies available to help the support pof non residential attention such as the Disability Living Allowance, which consists of a attention constituent [ 6 ] . This should be available to Margaret as she is under 65 and likely reuqires regular attending from another individual on a day-to-day footing and it seems improbable that she would be able to cook for herself. [ 7 ] In footings of Christine, if she cares for Margaret for a sum of more than 35 hours per hebdomad she may be able to claim a carers allowance [ 8 ] so loing as she is non gainfully employed elsewhere.
In decision, the Local Authority will be required to transport out an appraisal of Margaret and Christine’s demands if they first conclude that there is a demand for attention. It seems about certain that they will make so. The appraisal will take both sister’s positions into history and will besides see any demand for nursing attention to be provided. It is likely that given Margaret’s low ego attention ability and deficiency of mobility combined with Christine’s neglecting wellness the Local Authority will be obliged to supply place aid, activities outside the place by manner of amusement for Margaret and conveyance in order to let her to take advantage of those commissariats. The Local Authority are permitted to bear down a sensible sum for such commnunity attention services, but the determination as to how much must take into consideration what it is moderately operable for Margarte and Christine to pay. There is finacial aid available which Margaret and Christine are probablyt eligible to claim.
Legislation and Case Law
- Health and Social Care Act 2001
- Disabled Persons ( Services and Representations ) Act 1986
- National Assistance Act 1948
- Health Services and Public Services Act 1948
- Chronically Sick and Disabled Persons Act 1970
- Social Services Inspectorate Guidance
- R V Gloucestershire County Council ex parte Barry The Times 21 March 1997
- The Single Assessment Process and Cross Boundary Working October 2004
- Carers ( Recognition and Services ) Act 1995
- The Health and Social Services and Social Security Adjudications Act 1983
- Social Security Contributions and Benefits Act 1992
- Tolley’s Social Security and State Benefits / by Kate Tong and Roger Self, Butterworths. Last updated May 2007
- The Law of Social Security, N.J Wikely, Butterworths 2002
- Social Work Skills: A Practice Handbook. 2nd edition ( Paperback ) by Pamela Trevithick Oxford University Press June 2005
- Law for Social Workers Fourth Edition Caroline Ball and Ann McDonald, Ashgate December 2002
- Measuring Needs and Planning Care in Social Work Brian Taylor and Toni Devine, Ashgate, September 1993.