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NHS continuing healthcare and adult social care blog | June 2022 review

Our solicitor, Charlotte Bell reviews recent cases and the news relating to adult social care and NHS continuing healthcare.
  • The government have announced a new 10 year-plan for dementia. It is proposed that this will include enhanced efforts to increase funding into research on neurodegenerative diseases and to help reduce the Covid-10 backlog of dementia diagnoses. To read the full press release, click here
  • Are you ready for your next Covid booster? The Joint Committee on Vaccination and Immunisation have suggested that another booster could be offered to the most vulnerable and those employed within the adult social care sector. To read the full article, https://www.theguardian.com/world/2022/may/19/covid-booster-vaccine-people-in-uk-to-be-offered-this-autumn
  • Considering employing a family member as a personal assistant? What are the exceptions?

A recent ombudsman decision recommends that Lincolnshire County Council reconsiders Mr B’s request for his mother to be paid as his personal assistant. The Regulations state that:

The local authority decided that the direct payment could not be used to employ B’s mother as his personal assistant. This decision was challenged by Mr and Mrs F on behalf of Mr B. It was suggested that Mr B had complex needs and could not be cared for by individuals unbeknown to him.

The decision by the ombudsman states that they were not satisfied that the local authority had properly considered Mr and Mrs F’s request and hence the request for re-consideration.

For further information, click here

  • The publication of an independent report into leadership across health and social care calls for ‘the biggest shake-up of leadership in decades’. The report provides recommendations as to how to ensure that the delivery of care is not compromised whilst trying to address and manage the backlog caused by the Covid-19 pandemic. To read the full press release, click here 
  • An ombudsman investigation sees Worcestershire County Council (‘the local authority’) reimburse significant funds to a woman after it failed to put in place a direct payment for her care. It was suggested that the delay of the local authority caused significant distress and had a consequential impact on her care. The Local Government and Social Care Ombudsman investigation found the local authority to be at fault for taking five months to complete a social care assessment and care and support plan. To read the full article, click here
  • A recent Local Government and Social Care Ombudsman investigation found Trafford Council to be at fault for delays in arranging funding for residential care for P. As a result of the delay, P’s savings dramatically decreased and he started to accrue debt payable to the care home.  The local authority accepted fault and reinstated P’s savings up to £14,250 and discharged the outstanding debt owed to the care home. This investigation extended beyond P and the local authority acknowledged the length of time P’s son-in-law spent on the compliant. The local authority have therefore offered a payment of £250 to recognise time taken to deal with the complaint and assurances have been provided that a manager will investigate and brief staff on the lessons to be learned. To read the full article, click here 

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