1. carers assessment

    Posted by newamerie at Thu Jun 24, 2010 8:59 pm

    Hi I am a carer of my child who has ASD and SEN and im looking for a bit of info from other carers. The story is that my child is in reciept of high rate care and i recieve carers allowance but the local council and socail services will not give me a carers assessment because he is under 18. Is this true for all areas ?

  2. Re: carers assessment

    Posted by justanothercarer at Thu Jun 24, 2010 9:16 pm

    Hi newamerie,

    Its not too often that legal questions on this forum are as simple as this but the answer to your question is as this. Your local authority are in clear breach of 2 pieces of legislation. There are often little things that i have to ask before making such a statement, but the information you have provided is clear. YOUR LOCAL AUTHORITY IS BREAKING THE LAW!!! and its disgraceful what they told you. Do not stand for it for one more moment.

    Both the 'Carers Act 1995' (S236) and the 'Carers and Disabled Childrens Act 2000' (S6) give you a clear right to a carers assessment. I would have asked if you were providing 'substantial care' which is something often used to legally get round an assessment but your receipt is carers allowance clearly demonstrates you are.

    I have never been so appalled by something I have read here. They have a clear duty under this legislation. I have provided you with the particular sections of the legislation to quote to them and I can guarantee you that if you present this to them a date for the assessment will be with you in no time.

    I am absolutely appalled at such a clear and obvious breach of the law by a local authority :-@

  3. Re: carers assessment

    Posted by newamerie at Thu Jun 24, 2010 9:42 pm

    hey thanksa for the info just looked myself seems pretty straight forward apart from subjection 4 of 6, it seems to be an insurction that gives local authories options to get out of it

  4. Re: carers assessment

    Posted by newamerie at Thu Jun 24, 2010 9:43 pm

    ps of the children and disability act 2000

  5. Re: carers assessment

    Posted by loopy at Thu Jun 24, 2010 10:32 pm

    the person that you care for has to be over 18. Go to direct gov "if you provide regular and substantial care for someone aged 18 or over, you can ask the social services dept in your local council for a carers assessment"

  6. Re: carers assessment

    Posted by justanothercarer at Thu Jun 24, 2010 10:34 pm

    Don't worry about that. As you may well know there is both policy and practice guidance that is issued by the relevant department to local authorities explaining how the legislation is to be enforced.

    If you look at both these you will see that there is no get out clause in practice. As long as you meet the other criteria (which you do) This law and the previous act places a duty on the LA to conduct an assessment. Of course there is no further duty placed on them (only practice guidance - e.x S7 guidance on the use of vouchers) to provide services following the assessment.

    Don't let them away with this if you want the assessment.

    Best of luck

  7. Re: carers assessment

    Posted by swissmiss at Thu Jun 24, 2010 10:41 pm

    It happens all the time, in fact I think they have meetings to discuss how to wriggle their ways round the law and out of their duties and then celebrate when they succeed! I hope its just paranoia on my part but I dont think so!!?? I have given up, or at least I think its me.....actually its probably them manipulated me into that! 10 years later and still waiting for assessments for my hubby and son which actually provide some help before they decide so much time has passed [usually 6 months of their procrastination] that the assessment is no longer valid and needs to be done again and a carer's assessment and some help. We dont want it now, having managed without and being treated appallingly by them even under extreme circumstances of mental health on my part and that of my husband and son at times. We feel quite sane now but then its probably just acclimatisation [ which would explain why we get get looked at so odd most of the time!!?? One things for sure, there's no sanity in dealing with SS. :-))

  8. Re: carers assessment

    Posted by kazzy 1 at Fri Jun 25, 2010 12:38 am

    Hi newamerie welcome to site, let me tell you one thing..the local authority are a law unto themselves and i should know!! I have just spent 7 months fighting them and as JAC says they have no right to refuse you assessment. I found legislations that they could not argue and i won case, but your circumstances,and rights are much easier than mine not to mention available!! Keep at them and if you need any more help you will defo find it here as we will all be only to happy to ensure you get what is rightfully yours by providing info..new and thru experience!! :-D

  9. Re: carers assessment

    Posted by newamerie at Fri Jun 25, 2010 8:43 am

    It just dont seem right that the goverment is seen to put things in place to help the most vunrable and then they put clauses in to get themselves out of it. I know after 18 you have no legal obligation like a parent to care for a disabilied child but how does that make any difference in the stranes caused by carering. Cant wait till I get to uni, do my law degree and help out carers with mazes likes this.

  10. Re: carers assessment

    Posted by onmybiketoo at Sat Jun 26, 2010 1:14 pm

    Having managed to get a carers assessment, has anyone found that they got any useful benefit from being on it ? They have left me looking after a severely disabled husband with no support what so ever even though we have passed the continuing nursing care assessment. The situation I have been left in is an accident waiting to happen and bloody dangerous for both of us. :-@
Post new topic Reply to topic

Go to page 1, 2  Next

Jump to