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How can it help me to know my rights when applying for direct payments?
It is helpful to have information about different Acts that are in place and how they can help you to get the most out of your direct payments package.
This knowledge can be addressed to your Care Manager if you consider youself in need of any of the services listed.
Following is information that you may find useful should you need to question about the services you are receiving or would like to be receiving.
The Chronically Sick and Disabled Persons' (CSDP) Act 1970
This Act requires Local Authorities to provide certain services to people who they have assessed as needing them.
Section 2 of it lists various services which Local Authorities have a duty to arrange if they consider a disabled person needs them. The services listed are:
The Disabled Persons' Act 1986
The Disabled Persons' (Services, Consultation and Representation) Act 1986 reinforces the duty upon Local Authorities to assess people's need for services if asked to do so, requires them to provide people with as much relevant additional information as possible, and to take carers' abilities into account when undertaking an assessment.
Section 4 of it reinforces the duty upon Local Authorities to assess, on request, the needs of disabled people for any services listed in section 2 of the CSDP Act.
Section 8 of it concerns people who are providing a substantial amount of care for a disabled person living at home. It requires Local Authorities, when assessing the needs of a disabled person, to have regard to the ability of his/her carer to continue to provide care on a regular basis.
Section 9 - requires Social Service Departments to inform disabled people receiving any service from them of relevant services provided by the Local Authority and by any other authority or organisation
The provisions of these 2 Acts remain in force even after the implementation of the NHS and Community Care Act 1990
Using the Community Care Act
The Community care Act contactins a number of provisions which can be used to support your case for your Local Authority to support your direct payments scheme.
In general, the Community care Act gives priority to arrange "support for the user in his or her own home", and therefore Care Managers are required to give full consideration to all the alternatives before suggesting a move, whether to sheltered housing or some form of residential institution.
The following extracts from the Department of Health Guidance on Community Care (HMSO 1990) would be useful to draw your care Manager's attention to:
Objectives of Care Management
Care Management will play a key part in achieving the Government;s objectives for community care by:
Assessment
It may be possible for some service users to play a more active part in their own care Management, for example, assuming responsibility for the day to day management of their carers may help to meet the aspirations of severely physically disabled people to be as independent as possible. In these circumstances systems of accountability will have to be clearly defined.
(pg25)
More information about the Community Care Act
Here is a link to a website that explains the Community care Act
http://www.infosci.org/MS-UK-MSSoc/pubcca.html
The Right to Complain
The local Authority Social Services Act 1970 Section 7 (as amended by the National Health Service and Community Care Act 1990, section 50) requires Local Authorities to have in place a procedure for considering comments or complaints relating to the social services discharge of, or failure to discharge, their duties.
It also gives people the right to complain to the Secretary of State for health if they feel their Local Authority has not fulfilled its duty towards them.
A copy of the coplaints procedure should be available from the social services department.
As well as following your Local Authority's complaints procedure, you have the right to approach your own councillor, or the Local Government Ombudsman at any stage.
Acknowledgement: Thank you to GAD (Greenwich Association of Disabled People) for providing the information that was used for this page
