Saturday, 28 May 2011

RBKC fact sheets about Personal Budgets

From RBKC's People First website:

Self-directed support factsheets

These factsheets explain in simple terms all you need to know about self-directed support, personal budgets and the options available to you for organising your own care, or whether to ask the Council to do so on your behalf.

These factsheets are all PDF documents and less than 100Kb in size.
Do have a look and see if the fact sheets are helpful, clear and answer all your questions or whether they could do with a bit of tweaking or need additional information.

They can all be found at the following web address and there is a link at the bottom of the page for you to feedback / make suggestions : http://www.rbkc.gov.uk/healthandsocialcare/peoplefirst/gettingintouch/policyandleaflet/adultspolicy/self-directedsupport.aspx

PB user group meetings June - September 2011



Do you already get a personal budget? Are you in the process of getting a budget? Do you have to pay for care yourself because you are not entitled to a personal budget?

If the answer to any of the above is YES, then you are welcome to come along to ADKC’s Personal Budget User Group!

The next meeting is on:
Monday 27th June - this will be a special meeting with the following guests : Stella Baillie, Toni Camp, Tom Brown, James Sheedy and Mark Ward.
This meeting will be held as a one-off in Rooms 3/4, in the Town Hall, Kensington from 12.30-2.30.

Future meetings will be held on:
Wednesday 20th July (Guests - Hammersmith and Fulham Coalition Against Care Charging - hopefully.)
Friday 19th August
Monday 19th SeptemberThese will be held, as usual, at the London Lighthouse, in Lancaster Road, from the new time of 12.30 to 2.30pm.
The agenda differs from meeting to meeting but they always cover topics that the group members have expressed interest in.

Meetings are your chance to:
• get to know other PB users/self funders,
• air difficulties/share their positive experience,
• get peer support and group problem solving,
• get feedback about other relevant meetings that other members have attended
• develop guidance and policy around personal budgets in Kensington and Chelsea
• take part in consultations about social care, PBs and other relevant topics
• speak with guests invited by the group
• work on specific issues
• have your say on how the ADKC Personal Budget Project is run and -
• do anything else the group wants!

If you would like to come along to one of our meetings please let us know. The PB Team can be contacted on 020 8960 8888 or by email at pbadmin@adkc.org.uk (Martha) or pbsupport@adkc.org.uk (Jenny). Please let us know if you have any access requirements such as large print, Braille or BSL interpreter. The venue has full access for wheelchair users.

You can also use the above contact details to find out about other services the PB Team provide including:
• advocacy during assessments
• help with filling in SAQs, financial assessments and financial monitoring
• information about agencies, payroll providers and insurance
• help with employment responsibilities
• managed accounts etc

Employers - the rights of Personal Assistants / private care workers - Community Care Magazine

The rights of personal assistants in social care
Gordon Carson
Wednesday 18 May 2011 10:48

By 2025, more than 700,000 people in England could be employed as personal assistants to social care service users, up from 168,000 in 2010. The shift towards personalisation means many more service users are receiving direct payments from local authorities, giving them the power to arrange and pay for their own care. But with this freedom also comes responsibilities, particularly towards PAs they directly employ, who may be unaware of the range of benefits to which they are entitled.
Social care staff may be in a similar position, a survey by Unison and Community Care suggests: more than 80% of 400-plus workers said they needed knowledge about employing PAs, but only half thought they already had enough.
It is crucial that this information and knowledge deficit is addressed; an incorrect employment status could be spotted by the tax office - and unsuspecting PAs hit by large bills for unpaid tax and national insurance.
To address these problems, Unison has produced a guide that outlines what PAs should expect from service users who employ them.
"There's an enormous variety of information and people can find it difficult to navigate through it," says Helga Pile, Unison's national officer for social work, who hopes the guide pulls together all the information.
An important starting point is that PAs should be aware that they are employees, and are not self-employed, if they work on a regular basis at set times under the direction of their employer.
Once this is established, PAs are entitled to a series of basic rights (see below), including at least 5.6 weeks of holiday a year (including public holidays) and a maximum working week of 48 hours, on average.
Unison also hopes to develop its support for members who are PAs, and will shortly appoint a new member of staff to lead a project that aims to identify the needs of PAs and create networks to share experiences. This will focus initially on work on the ground in five local authority areas in south-east England.
By the end of the year-long initial project, Pile hopes Unison will be able to provide support for PAs around the country.
The government is also aware of the challenges faced by PAs as the role develops, and, in last year's adult social care vision, the Department of Health promised to publish a strategy for PAs in 2011.
But Nick Johnson, chief executive of the Social Care Association (which counts PAs as members), cautions that solutions must take into account the unique relationship that exists between PAs and their employers.
"There's a dilemma that is not present in any other type of working relationship," he says. "The employer is probably dependent on the PA at one time of the day and that's not the case in any other type of employee-employer relationship.
"Either the disabled person, who is the boss, doesn't feel like the boss, or the worker feels unduly powerful because of this.
"We need to do the best for PAs but in a way that doesn't disempower their employers. We can't simply say to disabled people 'this is your responsibility'. They need training too."
THE RIGHTS OF PAs
PAs should be classed as an employee if they:
● Are usually required to work at set times each week, rather than do the work at times of their own choosing.
● Take instructions from their employer about how to do their work
● Have to carry out the work in person, and cannot decide to send a substitute of their choice.
They have the right to:
● An itemised pay statement.
● At least the national minimum wage (£5.93 an hour for workers aged 21 and over, or £4.92 for those aged 18-20).
● At least 5.6 weeks holiday a year (including public holidays).
● Work no more than 48 hours a week on average.
● Protection from discrimination, harassment and victimisation.
● Protection from dismissal because of pregnancy or whistleblowing.
● Maternity leave (right to pay depends on service).
Subject to length of service, they should also be entitled to:
● A written statement of the terms of employment, after two months.
● Statutory maternity pay, after six months.
● Unpaid parental leave, after one year.
● Claim unfair dismissal, after one year.
● Redundancy payment, after two years.
They should also ask whether their employer has:
● Employers' liability insurance, which is a legal requirement and covers the employer if the employee is ill or injured in the course of their work
● Access to employment information and advice via the local authority, NHS or a user organisation.
● Assessed health and safety risks in the home and other places they may go, which is also a legal requirement.
● Money to provide training.
More information
Being the Boss
Government resources
PA Net
Skills for Care, PA toolkit


If you want any advice / assistance with any of the "Rights " listed above - feel free to contact Jenny H who will be able to help (pbsupport@adkc.org.uk) , or call 020 8960 8888.

News - biggest shake-up in adult care laws in 60 years proposed - Community Care Magazine

Biggest shake-up in adult care law in 60 years proposed

Vern Pitt
Wednesday 11 May 2011 00:52
 
The government has signalled the biggest reform of adult care law in 60 years after a three-year review proposed sweeping changes to adult safeguarding and carers' rights, and the extension of direct payments to residential care.
The Law Commission's proposals to simplify and modernise the law on adult care, published today, will inform government legislation next year. Although ministers have yet to say which recommendations they will accept, care services minister Paul Burstow said: "This report provides foundation for the most significant single reform of social care law in 60 years."
[Read our full analysis of the Law Commission's proposals.]
Among the commission's recommendations are:
• A set of statutory principles setting out the purpose of adult social care.
• The introduction of direct payments for residential care.
• A statutory basis for adult safeguarding boards.
• A duty on councils to investigate adult safeguarding cases.
• A duty on councils to assess carers without them having to request an assessment.
• A duty on councils to produce a care and support plan for all eligible users and carers, including self-funders.
• Separate care laws for England and Wales.
"Today signals a significant step in moving us closer to a clearer and more coherent framework for adult social care," said law commissioner Frances Patterson. "Our recommendations will bring much-needed clarity and accessibility to this important area of the law, and have a major, beneficial impact on the lives of many of our most vulnerable citizens."
The government is set to consider the commission's recommendations alongside those of the Dilnot Commission on long-term care funding, which will report in July.

http://www.communitycare.co.uk/Articles/2011/05/11/116777/biggest-shake-up-in-adult-care-law-in-60-years-proposed.htm

News - Social Workers say personalisation will fail most service users - Community Care Magazine

Social workers say personalisation will fail most service users

Jeremy Dunning
Wednesday 25 May 2011 11:50
Social care professionals' support for personalisation has plummeted and only a minority now believe that personal budgets will benefit users in the medium to long-term, Community Care's latest annual personalisation survey, commissioned by Unison has revealed.

The fall in support has been driven by the impact of public spending cuts on the agenda, which has resulted in the value of personal budgets being slashed.

In 2009 two-thirds of respondents to Community Care's personalisation survey believed that personal budgets would be of benefit. The 2011 results show this has dropped to 41%.
"People still believe in personalisation, but it's increasingly difficult to make it happen," said Helga Pile, Unison's national officer for social care. "When service reviews of personal budgets are taking place, there's a very clear expectation on people to cut the amount of money provided and that's not what people want or expect."
The adverse impact of cuts was highlighted in other answers to our survey:
● 83% said cuts to adult care budgets in their areas would impede personalisation.
● Almost half (48%) thought that personal budgets were not of sufficient value to help users meet their needs.
● 37% disagreed that the resource allocation system in their area effectively allocated money to people in line with their needs - 47% agreed.
● 33% said resources had been the greatest barrier in making progress with implementing personalisation.
The government estimates that councils with social services responsibilities in England will have cut their budgets by 4.7% this year, and the Association of Directors of Adult Social Services has found that councils have made savings of £1bn in adult social care for 2011-12.
"The cuts could finish personalisation off," said Ruth Cartwright, manager for England at BASW - The College of Social Work. "Personalisation will still be espoused, but it will be lip service only."
However, a Department of Health spokesperson claimed councils should be able to protect services while also rolling out personalisation through an "ambitious programme of efficiency", given the funding settlement.
Community Care's research also identified concerns over the extent to which service users had genuine choice and control, with 57% saying that users did not have a genuine choice of services from the social care market, and evidence that personal budgets were not changing the services that people received.
Forty-four per cent of respondents said people were generally buying the same kinds of support under personal budgets as under traditionally commissioned packages of care. Just 3% said most people in their areas were buying different kinds of support with personal budgets than before.
Alex Fox, chief executive of NAAPS, which represents smaller providers, warned that without a better social care market "the whole exercise will seem pointless and the hard-won gains of the last few years will be undone."


http://www.communitycare.co.uk/Articles/2011/05/25/116868/social-workers-losing-faith-in-personalisation.htm

News - How bureaucracy is derailing personalisation - Community Care Magazine

How bureaucracy is derailing personalisation

Jeremy Dunning
Wednesday 25 May 2011 00:49
Jeremy Dunning asks why bureaucracy is derailing personalisation and what can be done to rescue the policy

http://www.youtube.com/watch?v=MAX5NnT3OHU&feature=player_embedded ( video clip of the findings of the Personalisation Survey - you will need to click the back button to get back to this article)

When an architect of a policy damns elements of its implementation, you know the original vision has been lost somewhere along the line. And so it is with personalisation.
Simon Duffy, who helped develop the original resource allocation system (RAS) concept, bemoans the "managerial nonsense" that now dogs the process for determining the value of personal budgets through assessment.
The results of Community Care's personalisation survey commissioned by Unison suggest his complaints are echoed at the frontline; 73% of respondents (up seven percentage points from last year) say personalisation has created more bureaucracy.
The comments of one social worker who responded to the survey are especially striking: "I believe that a very sound principle has been taken by the organisation and used to manage resources. Assessments agreed by qualified social workers are questioned in funding resource panels and changed in that forum.
"The ensuing paperwork has increased by 40%. This would not matter if social workers felt that their assessments were trusted by managers."
Assessment questionnaire
Duffy, who developed the concept of personal or individual budgets as director of In Control from 2003 to 2009, says one side of A4 is the ideal length for an assessment questionnaire - but those used by some authorities run to 40 pages.
"What's happened is that managers started to see the RAS in the late 2000s as a tool for doing too many things - in particular as a tool to manage social workers themselves - so there's been a failure to trust social workers as professionals who can make reasonable assessments about what a fair allocation should be," he says.
One reason for the increase in bureaucracy is the complexity and proliferation of self-assessment forms. Many respondents to our survey said they did not have enough time with service users to effectively support self-assessment.
Professionals also say standardised assessment forms created by companies such as Face Recording & Measurement Systems are too complex, while funding panels are overly bureaucratic. A care management approach, where social workers act as gatekeepers on resources, is also a factor.
Systems
In addition, some councils are running both old and new assessment systems.
This is frustrating many social workers and users, who think form-filling is corrupting the ethos of personalisation.
One social worker says: "I don't believe the bureaucracy is caused by personalisation. Personalisation is the only thing around that stands for real social work. Actually I think it's care management that is hitting us with bureaucracy.
"Those of us doing needs assessments [in my authority] are under pressure to drop the way we had been working and instead do Face assessments, which to us are completely impersonal, more bureaucratic and have no substance." Community Care contacted Face but did not receive a response.
Users, meanwhile, see the levels of bureaucracy as a form of control over how they lead their lives, says Sue Bott, chief executive of the National Council for Independent Living.
"People are getting very frustrated because what they are telling us is they are being prescribed as to what they can use their personal budget for," she says.
Jeff Jerome, national director for social care transformation, admits the level of bureaucracy is one of his "biggest worries" in the implementation of personalisation.
Light touch
It should be light-touch to allow people to get on with their lives, he says.
He believes the problem is endemic within councils, which encourage staff to take a "conservative and cautious approach to process, which they do to protect themselves", though he says there are examples of good practice.
There are, however, solutions to the bureaucratic nightmare that confronts many social workers.
Jerome has long argued that resource allocation should be simple and transparent, while forms should only be filled in if there's a good reason. Ideally, people require advice and information to help identify a set of outcomes, he says.
Ruth Cartwright, manager for England at BASW - The College of Social Work, says social workers' lives could be made much easier if there were fewer, simpler and clearer forms containing free-text boxes for service users to outline their difficulties.
Duffy argues that social workers should not be asked to create "unduly complicated RASs" while also gathering information "in ways that are out of date or irrelevant to new ways of working", as happens in some councils.
Both Bott and Jerome agree that the support plan should not be extensive.
"Some of the best plans I've seen have been where [service users] have made up their plans themselves," says Bott. "I really can't see what the problem is with people telling their stories."
Efficiencies
John Bolton, the former Department of Health civil servant who led on the implementation of the Putting People First agenda to personalise care in England, points to work he carried out in Wales on achieving greater efficiencies in older people's services.
He found that some Welsh councils had managed to direct people away from social care through a combination of providing good advice at an early stage and good reablement services.
"This means you have fewer people needing a social care assessment and more time for staff, if you retain them, to assess people who really need an assessment of their needs," he says.
Clearly, bureaucracy needs to be re-examined and councils must ask themselves why they are conducting certain bureaucratic practices.
This comes at a time when councils are more concerned about preserving scarce resources.
And, with personalisation viewed as a means to cut services and save money, this creates dangers for true personalisation. However, as Jeremy Cooper, from consultancy iMPOWER, says: "If done well, a transformed social care process including personal budgets has much less bureaucracy and process than before."

Kelly Hicks , independent social worker, Doncaster
One of the reasons I chose to leave local authority employment was because I wanted to spend more time with the actual people I was supporting.
As a local authority social worker I became disillusioned with the implementation of personal budgets and found that more and more my role was filled with sitting in front of the "risk panel" – fondly named the Dragons' Den – trying to justify why Mr Smith chose not to go to a day centre and wanted to go fishing instead.
Social workers I speak to are often reluctant to encourage people to find alternatives to traditional care because of the very experience of the "risk panel", and opt instead for "safe", "traditional" proven and failed methods of meeting needs.
However, as an independent I'm not subject to less bureaucracy, and it may have even increased.
Being on the "outside" is sometimes perceived as a negative by authorities, and some have not yet understood that independent support actually frees up local authority time and expense and brings experienced guidance to support local authorities in making judgements.
But some authorities refuse to supply an independent social worker with an electronic support plan template, then refuse to accept a perfectly good support plan that is not written on their template.
Some social workers have to re-write a plan prepared by a service user onto the "official" template.
This is equally undermining for the actual service user, a model citizen empowered enough to prepare their own support plan, who is then told it must be done by a social worker employed by the local authority.
Some local authorities even refuse to agree direct payments to individuals if they wish to purchase the support of an independent worker to develop their plan.
I must add that some local authorities are much more forward thinking. Take, for instance, Sheffield Council, which is actively supportive and inclusive of the support that independents can bring to the city.
What I think has been lost is common sense, trust in social workers to be able to make professional decisions and to manage risk, and trust in service users as being best placed to self-direct their own support.

Geraldine Martin, head of service, Hartlepool
'We've tried to keep the process as lean as we can," says Geraldine Martin, head of service for adult social care at Hartlepool Council, which implemented personalisation in 2007 and subsequently cut back on the numbers of assessments and forms that must be completed by its social workers.
Strong and focused leadership asked questions about what was truly necessary, leading to a reduction in the numbers of assessments and reviews, she says.
When the council went live with personal budgets, Martin admits that admin was "fairly cumbersome" because it was running the old assessment process and the new one side-by-side. But this was ultimately slimmed down to one self-assessment questionnaire once it was clear that staff were comfortable with the new way of working.
The support plan process has also been kept lean and concentrates on outcomes, ensuring people are aware of how much money is involved and what will help them move forward to meet identified goals.
The council has also developed its review process so a person no longer has to go through a formal procedure if nothing has changed in their lives and their needs are still being met.
The same thinking has been extended to the financial side, meaning team managers are able to sign off personal budgets for many users without their cases having to go before the council's risk-enablement panel.
While the panel still meets weekly, it only considers support packages for users of mental health services, people in transition from children's to adults' services, those with early onset of dementia and those whose plans lie outside the resource allocation system.
Combined with this, the council has also introduced a new piece of software that tracks data and has also reduced bureaucracy levels. Managers can approve personal budgets with the press of a button rather than manual sign-offs.
Martin says the overall effect is that social workers feel positive about what they are doing rather than being overly worried about risk and bureaucracy.
"Last year In Control asked me to do a bit of an update to see if the approach had engaged and it had - it was embraced by our social workers," she says. "They were positive about how personal budgets increased people's control and there was less care management across the piece."
The message for other councils is to invest in supporting social workers with the systems and paperwork, she says.
But Martin is not complacent, and adds: "We could cut the bureaucracy down further."
Read personalisation charity In Control's report on Hartlepool's experience.
Personalisation problems
● Too many assessment forms.
● Forms overly complicated.
● IT systems used by different organisations don't talk to each other, requiring inputting of data.
● Funding panels overly bureaucratic.
● Increased use of standardised assessment forms that sometimes do not allow for creative packages.
 Comments by social workers
"Personalisation has greatly increased our workload, much too much computer work, having to complete tasks such as working out PA annual leave and NI etc"
"Extra work! More forms to fill in to get the budget and then justify the budget. More inputting on the computer just to prove someone has a budget and how it is spent"

http://www.communitycare.co.uk/Articles/2011/05/25/116873/how-bureaucracy-is-derailing-personalisation.htm

News - Service Users and Carers fight restrictions on PBs and DPs - Community Care Magazine


Service users and carers fight restrictions on their use of personal budgets and direct payments

Vern Pitt
Wednesday 01 June 2011 00:01
Cash-strapped councils are accused of stifling people's creativity by imposing restrictions on recipients of personal budgets. But some service users have cast off the shackles, writes Vern Pitt

Personal budgets were designed to enable service users to have maximum choice and control over how their eligible needs for care were met. Yet Community Care and Unison's annual personalisation survey finds significant restrictions being placed on clients' use of budgets even for seemingly uncontroversial items. A quarter of social care professionals said service users faced a high level of restrictions in using their budgets for holidays, 13% said this was the case for computer equipment or attending sporting or entertainment events, and 10% for participating in sport.
Julie Stansfield, chief executive of personalisation charity In Control, says such restrictions are "stifling people's creativity". Although with councils under more pressure to control spending, she understands their position, she says. "It's a really tough environment at the moment and local authorities are looking at every way possible to save money. In some circumstances, however, this is not about cuts, it's about culture and the fact that some councils are basing decisions on what they feel the person is eligible for and base this on the traditional services the person would have received before personal budgets."
David Congdon, head of campaigns and policy at Mencap, blames a failure to recognise eligible needs, which councils have to fund. He says care plans should clearly identify eligible needs. Without these, officials can deny access to money if they do not think a creative service is meeting a need.
"My advice is for people to challenge the council in the courts if they think that their needs are not being met," he says.
Community Care spoke to two users and carers about their experience of restrictions and why freedom to spend personal budgets creatively has been so important.

Flexible support from direct payments
Today Gill Leach is able to walk again, but it is entirely possible that would not be the case if she had not had flexible support from direct payments.
Last July, Leach was diagnosed with Guillain-Barré syndrome, a temporary condition that damages peripheral nerves. She was left unable to stand or climb stairs. She was expected to take about two years to recover. However, she told Community Care last month: "I have just had an appointment with my consultant and she looked amazed at how quickly I had recovered."
Direct payments have allowed her to concentrate on rehabilitation by paying for childcare. "I couldn't look after my children; not when you've got a three-year-old who might be in danger upstairs and you can't get to them," she says.
Initially, she was prevented from accessing childcare because it was seen as meeting the children's needs, not hers. What she needed was time, rather than support for herself, to do rehab exercises throughout the day. She says a supportive social worker played a big role in brokering the deal for her to use her direct payment for childcare. "It was crucial to have someone who could listen, would not just stick to the common lines of thought and was willing to think around a problem to find a solution," she says.
Some of her budget also pays for personal care in the mornings, which she says helped to show she was using the money correctly.
Without a direct payment that could be tailored to her needs in this way, Leach says family life would have been strained. "My husband would have had to give up his job, then we would have been on benefits and cost the state even more money. It was the only option."

Teenager with autism is keen on WW2 re-enactments
Alexander Percival is never happier than when under fire on the beaches of Normandy or storming the bunkers of Nazis. That's why he uses his direct payment for support that enables him to attend World War Two re-enactments at weekends.
Percival, 19, has autism and finds it difficult to cope with change and to communicate with other people. But his mother, Sally, says: "When he is talking about World War Two he can really push himself and do amazing things, yet he would not be able to go to our local pub."
Alexander has received a direct payment for more than 10 years, managed by his mother. She says the change has been gradual but transformative, building his self-esteem. His attention to detail is admired in the re-enactment group, which values accuracy and pristine period kit.
However, it has not been without some restrictions. Cumbria Council, which provides the direct payment, refused a request to invest in a period military ambulance, which Alexander and his mother wanted to convert into a camper van, to use as accommodation for re-enactments. Currently, the council funds his personal assistant's half of a hotel room when they go on re-enactments.
"Common sense tells me that would have been the most sensible option. It's a real cost saving over going to a hotel," says Sally.
Cumbria Council argued that the ambulance was not a sound investment because of its age, although it has financed similar arrangements before. Additionally, Alexander's need to attend college was more pressing and the budget would not stretch to funding both.
But Sally says her son's college achievement has greatly improved as a result of the lift the re-enactments give him: "He has the courage now to try new things now. Before he would have just said he couldn't do it."
Alexander will continue to go to re-enactments with his PA.

Council placed restrictions on use of direct payments
A blind mother of two, Cindy Peacock was stuck in the house "surviving" because the council placed restrictions on how she could use her direct payments.
"I had become isolated but I didn't know any different," she says.
When those restrictions were lifted it set in motion a chain of events that mean Peacock is now more independent and less expensive for her local authority to support.
Previously, the council had refused to let her use the direct payment for support at a local mother and toddler group, arguing that the money was being used to support her child, not her.
But this changed when she moved on to her council's personal budget system. "That led to me meeting new friends and then going out with them. From there, I could pay them to do things, which saved money that I then used that to pay for a computer," she recalls. It is unlikely she would have been able to afford the computer under the restricted system.
The computer has text-to-speech software, for which Peacock needed special training, allowing her to manage her own correspondence, maintain a social network and hold down a job as a support worker.
"I receive a lot less money now than when I was stuck at home. I don't need as much support now because I can do a lot of things myself," she says.
Peacock says she is the exception and fears the ideals of personal budgets have been lost in bureaucracy: "When personal budgets first came out it was all about 'you can spend your personal budget on whatever you want as long as it meets your needs'. As time has passed more restrictions have been put on that. It is falling back into the system from before."

http://www.communitycare.co.uk/Articles/2011/06/01/116890/service-users-and-carers-fight-restrictions-on-their-use-of-personal-budgets-and-direct-payments.htm

News - Give Social Care the Same Priority as the NHS - Guardian

Give social care the same priority as the NHS
 
Personalisation is about organising services and support around individuals, rather than vice versa, says Peter Beresford

Some disabled people said they were not allowed to go out without a risk assessment being carried out. Photograph: INSADCO Photography /Alamy
Last week's review of social care law by the Law Society highlighted how urgently we need more clarity over vulnerable people's rights. If some of the things that routinely happen in social care happened in the NHS there would be a national outcry. That there isn't is probably because people wrongly believe that they have the same entitlements to social care as they have to health.
But social care still routinely ignores many service users' needs and fails to safeguard their rights. That is the finding from Standards We Expect, a four-year project from the charity the Joseph Rowntree Foundation (JRF). And this was the picture even before the latest round of swingeing public spending cuts.
The JRF project focused on the experiences of service users, carers and face-to-face practitioners to find out what personalisation or "person-centred support" means to them, what barriers stand in its way and how these can be overcome.
Personalisation, it reveals, means much more than simply receiving individual budgets. It's about seeing people as individuals and organising services and support around them, rather than vice versa. But service users' routine experience of social care seems very different.
Wheelchair users in care homes reported that they were not allowed to use a cooker on their own, or the fridge – in case their hands were contaminated because of touching their wheels. Disabled people talked of not being allowed to go out without a risk assessment being carried out. Families from black and minority ethnic communities with children who had learning difficulties said they were unfamiliar with and fearful of the system, and felt they had inferior access to support.
Disabled adults stuck in their parents' home wanted their own space, but were denied the support to get it. Decisions about older people's deaths in nursing homes were left to their relatives or emergency services, because dying just isn't talked about. People with learning difficulties were frightened to use public transport for fear of bullying and attack, with a lack of accessible alternatives.
For some: "Social services wait until the last resort … You are crying out for help and they are not helping you."
Changing the personalisation delivery system from services to cash vouchers, when the organisational culture is wrong, or telling people that they must be partners in their care through increased reliance on "informal care" or through voluntary or compulsory contributions, offers no prospect of sustainability or equity. The numerous examples of good practice and innovation encountered in this project against all the odds are not enough to turn round a system that is grossly underfunded and based on an inherently defective culture.
The same priority must be given to social care that every politician seeking re-election knows must be granted to the NHS, if both are ever to join in meeting our existing rights and future needs. Otherwise, more and more of the rapidly growing number of older and working-age people needing social care support will be left out in the cold.

• Peter Beresford is professor of social policy at Brunel University. Transforming Social Care: Sustaining Person-centred Support, the findings from the Standards We Expect project, are available to download free from
http://www.jrf.org.uk/publications/transforming-social-care-person-centred-support
 

Thursday, 26 May 2011

PB User Group 27th June 2011

The next PB user group meeting will be on Monday 27th June, in rooms 3 and 4 at Kensington Town Hall, at the new time of 12.30 -2.30.

Agenda:
12.30 -1 Introduction /Group discussion of Issues to be put to the Council.
- Feedback from Council / focus groups problem solving with the Council officers
2-2.30 - summing up / AOB

If there are any issues thay you want to raise, please contact us in advance at pbadmin@adkc.org.uk, at pbsupport@adkc.org.uk  or 020 8960 8888

Minutes of the meeting in May below:

Personal Budgets User Group Meeting Minutes,
Friday 6th May 2011

Hello everyone, thank you for coming. The agenda for this meeting is as follows;

v     Introductions
v     Hillingdon meeting
v     ‘Hardest Hit’ March
v     Guests for next meeting
v     Meeting’s attended by Jenny
v     Support planning
v     Chelsea Care
v     Development

Focus groups

v     Marketing for the group

Hillingdon meeting: For those who were not present in last month’s meeting, we had guests from Hillingdon borough who offered to come along and share their experiences of how personal budgets are used in their borough. For more information please see last month’s meeting minutes.
On the 25th May 2011 Hillingdon borough are inviting us to go to visit their group. We need a few representatives to go and represent this group. (Yamina and Phil expressed and interest in attending).

‘Hardest Hit’ March: The hardest hit march is designed to defend disabled people's futures. The day will consist of a March, attending a lobby with MP’s and a rally. There will be an average of 250 stewards to ensure the day runs smoothly. If you are unable to attend you can write to your MP and meet with him/her locally.  MPs usually hold surgeries and meet with constituents on the Friday or the Saturday. A template letter is available at http://www.hardesthit.org.uk/ you can also show your support for the campaign by sending a message along with a photo or short film of yourself about the importance of disability benefits to info@hardesthit.org.uk 

Guests for next meeting: As most of you were aware, the council were suppose to come to the second part of this meeting, however three out of the five people we invited have had to pull out. I know that the group is keen to work with more senior council officers so we are rearranging for June.

People first user form. Every few months, the Council host a forum for organisations involved in Social Care. This involves a feedback by the Council on current events surrounding Social Care, sometimes a guest speaker, and a time for Service User representatives to feedback about their organisations. The next one is on Monday 16th May. Yamina, Philomena and Glenda expressed an interest in attending but as we are only allowed 2 representatives Yamina and Phil will attend this meeting and Glenda will attend the next with another member of the PB group.

Meetings Attended by Jenny: I recently went to a meeting run by the ‘London self-directed-support Forum’ this meeting consists of individuals who work for charities, Local Authorities, as well as profit making organisations, and assist members who receive a Personal Budget or Direct Payment. In this meeting a survey was presented to everyone showing statistics based around Personal Budget / Direct Payment services around the whole of London, below are some examples of what was presented;

  • 1/3 of social workers don’t understand what a PB is
  • 81% of disabled individuals don’t fully understand what a PB is.
  • 66% of support services say that the amount of money allocated is not enough to meet all of their clients’ needs
  • 75% of PB support services say that there are restrictions on how to spend there PB on (i.e. people are being told now that they are not allowed to buy any equipment; they are only allowed to spend it on a carer).
Support Planning / Legal Rewards:
It is very important to make sure that you only use your Personal Budget money for the things that are written in your support plan – if it is not in the Support Plan then you can’t use your PB for it!

This is particularly important if you want to use your PB to pay a legal reward or thank you gift such as buying lunch for a relative who helps you out at a hospital appointment instead of having a care worker from an agency go with you. In terms of the research being done about legal rewards- the group said previously to

Also, you can only use the PB on things that meet your “needs” as described by the Council – what they mean by “needs” are very specific- for example help with Personal Care, help with eating and drinking, help around the house, help moving around, help staying safe, help accessing the community etc. This is why the Council refuse let you use the PB for things that you say you need (for example a new keyboard for the computer etc) – because it isn’t what the council count as a “need”.

Also, depending what needs the council say you have, you might not be able to use the PB in the same way as another person. For example – if the council say that you have a need for personal care only – you can only use your PB for community care, not for housework, getting out and about etc.

Chelsea Care: Chelsea Care is an organisation funded by Kensington and Chelsea, it’s a care agency that also does all the stuff that we do for PB users. Unfortunately they have gone into liquidation, meaning they are no longer to provide agency or PB service. Martha and I may have to take on many additional clients, so do bear with us if we are slower than usual.

Group development :
Following discussion, group members said that they might like to take on more of an active role around direct responses to issues, documents and consultations. There would need to be a Terms of Reference to say what issues the group would take on, how they would take on these issues and what support the group would need from ADKC in terms of support and resources – this will be for another meeting.

There was also agreement that the group should continue to be open to ALL people receiving, or in the process of starting to receive, a PB (including carers receiving a Carers PB, older people, people with a learning disability etc – not just people who would be eligible to join ADKC.)

Date of next meeting: to be confirmed once Council officers have confirmed their availability (now confirmed as the 27th June from 12.30-2.30 in the TOWN HALL.)

Friday, 20 May 2011

News - "Lack of funding and training blighting person-centred care" - Community Care Magazine

Well this is what disabled people have been saying all along! Now finally in print:

'Lack of funding and training' blighting person-centred care

Mithran Samuel
Wednesday 18 May 2011 00:04
The social care system is failing to deliver person-centred care because of inadequate funding, training and practice, a major study warns today.
Services remain inflexible and practitioners continue to make unhelpful assumptions about what users can and cannot do, according to Supporting People: Towards a person-centred approach, a book launched today by the Joseph Rowntree Foundation.
Based on interviews with users, carers, practitioners and managers, and written by a group of researchers that includes service users, it is an attempt to define person-centred care and identify barriers to implementing it.
Researchers found a consensus among users and practitioners over what person-centred support meant, with interviewees highlighting the importance of relationships between staff and users, of practitioners listening to users and offering accessible information.
However, they found this was being undermined by inadequate funding that rationed access to care and adversely affected quality, inadequate training and high turnover in the workforce and inflexible and disempowering support in the community and in residential care.
It also found that service users faced a lack of information on care provision, poor access to mainstream services such as transport and education and continuing disability discrimination.
"Social care services are routinely failing to safeguard the basic human and civil rights of many service users, limiting their lives and restricting their opportunities," said one of the authors, Peter Beresford, who also chairs user organisation Shaping Our Lives.
"There has been a failure overall to bring about change in social care in line with what service users say they want. And this was true even before the current round of cuts."
It found "radical and systemic reform" was needed to deliver person-centred care with social care transformed into a better-funded, universal service, rather than a stigmatised service concentrated on those in greatest needs, with much greater involvement from users and a better trained workforce.

website of interest - Special Report - the State of Personalisation.

Unfortunately we can't copy and paste this interactive web page onto the blog - but following the link below will lead you to "Community Care Magazine's" special report on "The State of Personalisation" and why people are losing faith in Personalisation.

http://www.communitycare.co.uk/static-pages/articles/the-state-of-personalisation/

Thursday, 19 May 2011

News - Birmingham City Care cuts are unlawful - BBC

Victory for disabled people who are willing to make a stand and fight!

 

Birmingham City Council care funding cuts unlawful

Birmingham council plans to cut care services for up to 4,000 people
 

Related Stories

High Court judges have said Birmingham City Council acted unlawfully over a decision to reduce its care funding for disabled people.
The judgement has implications for all local authorities in England and Wales.
In April they made an interim judgement that Birmingham City Council had acted unlawfully when it tried to cut social care funding for some disabled adults.
Thursday's ruling said local councils must abide by existing disability law to eliminate discrimination.
'Critical' needs
It said councils must take account of people's disabilities, even where that involves treating disabled persons more favourably than others.
The judgement is still being made in London's High Court.
The Conservative-Liberal Democrat run council had planned the cuts as part of a plan to save £212m.
Deafblind charity Sense said the ruling should be a warning to all authorities.
Its head of legal services Kari Gerstheimer said other councils in England and Wales may be considering making similar cuts to social care.
"We hope that this judgement sends a very strong message to those councils, that we are in a climate of cuts.
"But even in a climate of cuts there are choices to be made and a civilised society does not choose to cut services to people with the greatest need - that's disabled people," he added.
The families of four severely disabled people fought Birmingham City Council's spending cuts decision and took their case to the High Court.
The council said it planned to reduce funding for care services for up to 4,000 people in the next three years.
Unlawful plan
It said it had identified £118m worth of cuts by 2014-15 from its adult and communities directorate and needed to save £308m in total in the next four years due to the central government cuts outlined in the Spending Review.
It said only people whose needs were judged to be "critical" would qualify for council-funded care.
The judges said the plan was unlawful as it failed to comply with Section 49a of the Disability Discrimination Act 2005 (c. 13) which relates to a public authority's duties towards disabled people.
The full ruling will be explained by the High Court judges later.

Wednesday, 18 May 2011

Website of interest - are you an employer? Does your worker have a contract?

If you take someone on, you must give them a contract or written statement of terms within the first 8 weeks.

Statements of terms have to contain certain information about various aspects of the person's rights and responsibilities while working with you. Luckily, BusinessLink has a website that takes you, step by step, through doing a legal statement of terms for your worker!

http://online.businesslink.gov.uk/bdotg/action/stmtEmpBusiness?topicId=1075225309

You can save as you are going along and download the finished document to your computer to print off. It is advisable to print off 2 copies, for both employer and employee to sign each copy and for the employer to keep one and give the other to the worker.

If you have any queries about the statement of terms, please contact Jenny H on 020 8960 8888 or at pbsupport@adkc.org.uk

Tuesday, 10 May 2011

news - disabled people tak anti-cuts protest to the courts - guardian

Disabled people take anti-cuts protest to the courts

Lawyers await high court judgments on legal actions against council plans to cut social care
  • The Guardian,
  • Disabled people are using the courts to challenge multimillion-pound spending cuts which they say will hit them hardest.
They have launched a number of legal actions against council plans to slash vital support services after cuts in government funding.
As disabled people, their families and carers, which organisers expect in their thousands, gear up to demonstrate in Westminster in protest against the cuts to their jobs and services on Wednesday, lawyers in test cases said they were looking forward to a decision in the high court next week.
In a judicial review brought by the families of four severely disabled people which is being keenly followed by the caring community, a judge ruled last month that Birmingham city council's plans to limit social care for disabled people are unlawful.
The local authority, a Conservative-Liberal coalition, hopes to save £17.5m from its budget this year by limiting council-funded social care only to those assessed as in "critical" need.
But in an interim judgment, Mr Justice Walker ruled that the council business plan was unlawful because it failed to comply with section 49a of the Disability Discrimination Act.
Karen Ashton, solicitor for three of the four families involved in the Birmingham judicial review, said: "The judge found both the policy decision to move to a critical-only eligibility policy and the council's cuts budget – as it relates to that policy change – to be unlawful. We won't know the full implications of this until the full judgment is handed down in the next couple of weeks. But all councils will have to take on board the fact that budget setting is not just a political decision."
In a similar action in Lancashire, a disabled woman and the parents of two disabled children, boy A and boy D, have launched high court proceedings against their local council. The woman is challenging cuts to adult social care and possible cuts to her own care package.
The authority must save £179m in the next three years, with a significant amount coming from its care budget. It does not accept criticisms of its budget decision.
But Melanie Close, chief executive of Disability Equality, said: "It feels like they're not listening to people. It feels like they're not looking at what impact this will have.
"It's really unusual for an organisation like ours to challenge something like this. We were really pleased by the Birmingham decision and it has given us a lot of hope." She added: "It would be a fantastic decision for us if the budget would be judged illegal."
Lawyers say that they are unclear about the full implications of the Birmingham test case until the judgment is handed down, but some say that there is a possibility that the budget itself may be ruled illegal.
Mathieu Culverhouse, of Irwin Mitchell, representing all three claimants in the Lancashire case and one of the claimants in the Birmingham case, said: "We're waiting for the judgment in the Birmingham case which we think will have implications on our cases in Lancashire. We're anticipating that the Birmingham judgment will be very useful."
On Wednesday a protest, dubbed the Hardest Hit march, is being co-ordinated by hundreds of disabled people's organisations and charities and groups including Scope, Leonard Cheshire Disability, Mencap, the RNIB and Sense. Organisers say that disabled people will be hit disproportionately hard by the cuts, which, they estimate, could result in families losing £9bn of support over the next four years.
The rally will begin on Victoria Embankment and move to Westminster. Protesters will then lobby MPs in Westminster Hall and Methodist Central Hall