The UK is facing a crisis in care. Across the country, social services are struggling to fund elderly care needs.
If you are battling to receive support from social services, here’s what you need to know about your legal rights.
Did you watch BBC Panorama’s Crisis in Care – Who Cares?
As the stories unfolded, did you think: “That could be me they’re talking about!”
At Steene Law, we know, from first-hand experience, what it’s like to look after an elderly relative with significant care needs – and we also know elderly care law inside out!
So, what did we make of the programme?
Continuing Health Care or Support from Social Services – what’s the difference?
The lady with Juvenile Idiopathic Arthritis, and the gentleman with encephalitis were, from the opening scenes, clearly people who didn’t need social services.
They had primary health needs, meaning they were entitled to Continuing Health Care (CHC). This means all their care should have been provided, free of charge, by the NHS, rather than social services.
After many months, they did eventually receive CHC but it was heart breaking and frustrating to watch.
If their relatives had contacted a specialist elderly care law firm such as Steene Law from the outset, they might not have gone through the many months of stress that we sadly witnessed.
What happens if you ‘only’ have social care needs?
In contrast, the lady who had dementia – whose day centre was closing – “only” had social care needs so she was not eligible for CHC.
Despite this, her care needs were not being properly looked after by social services.
If her overburdened and exhausted daughter had contacted an elderly care legal specialist such as Steene Law, things might have been different.
We could have ensured her mother’s personal care budget covered ALL her eligible needs.
The fact that the day centre was closing down was an unacceptable excuse by social services.
The lady’s care needs remained the same – so she still needed to be properly supported by social services.
It is important to know that caps on care fees are unlawful
We saw social workers telling families they had been allocated an ‘indicative budget’ of a specified sum.
Our reply? Frankly, we don’t care what your “indicative budget” says!
The law requires that a person’s eligible needs are met. Social services are not allowed to pick and choose what they will pay for. Eligible needs must be met and the council must pay enough to ensure this happens.
During the Panorama programme, we saw people who were being steamrollered by social services. They were being denied their legal rights.
Carers are not aware of their rights
If the person you’re looking after already has their eligible needs met in some way, for example you, as a carer, help them get dressed, do their washing etc., then social services do not have to meet these particular needs.
Do not be browbeaten into taking on more than you feel comfortable with. The more you volunteer to do, the less help you will receive from social services.
During the Panorama programme, it was apparent how much these families shouldered as carers.
Carers across the country are already doing more than their fair share, so being told by social services that there is a cap on the funding they’ll provide is not only a national disgrace – it’s unlawful!
What can I do if I’m told by social services that there’s no funding?
Are you being told by social services that they have “run out of money” and cannot help you? You can do something about it.
The law is on your side. Don’t be fobbed off.
At Steene Law, we are passionate about making sure you get a fair deal.
If you have a relative with care needs and social services are not providing the level of support they need, then you need to speak to us. Get in touch with one of our experts for a FREE 30 minute conversation today. Call 0203 653 0623 now.
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