Crisis in health and social care - but help at hand
Free consultation with community care team at Lester Aldridge
This month’s Life Matters from Lester Aldridge Solicitors focuses on the health and social care crisis which has been a subject of debate and media headlines for quite some time.
Lester Aldridge’s new Community Care team is helping people who need guidance through the maze of confusing and sometimes conflicting guidance available about health and social care.
As reported by James from the Community Care team...
“Recent research by Age UK reports that since the 2017 Spring Budget, an average of 77 people a day have died whilst waiting for a care package to be put in place, whilst during the same period more than half a million older people have had their requests for care refused or ignored, and a million more have developed an unmet need, such as being unable to wash, dress, or prepare meals.
The Care Act 2014: Care Cap Proposal
The Care Act 2014 introduced a new assessment process and eligibility criteria, and clarified a Local Authority’s statutory responsibilities with regard to adult social care provision.
Within the Act, a “care cap” was also proposed. The idea was to impose a cap on lifetime social care charges to limit care costs to £72,000 for the over 65s and younger adults with disabilities.
However, the Government then delayed the implementation of the “care cap” until at least 2020 because Local Authorities reported that they lacked the resources to meet demand.
Green Paper on a sustainable social care system now overdue
Meanwhile in November 2017, Damian Green MP made an announcement that the Government recognised the need to build a “more sustainable social care system to meet the needs of elderly people”.
A Green Paper was commissioned to investigate potential solutions and was to be published in the summer of 2018.
This Green Paper has however still not been published and is now due during 2019.
Statutory right to an assessment of need
Whilst all this is going on, what many people do not know is that regardless of means, all adults have a statutory right to an assessment of need.
The needs assessment must identify and document all of an individual’s care and support needs in specified categories, and must then determine eligibility for support.
An assessment must be completed whenever it appears that an adult may have a need for care and support – regardless of means.
Requests for an assessment cannot be refused or ignored on the basis of a lack of resources because this may breach a Local Authority’s statutory obligations.”
(More on the Lester Aldridge website at https://www.lesteraldridge.com/health-social-care-crisis)
Need advice through the confusion?
"Community Care" is the term used to describe the services provided by Local Authorities and NHS Bodies to meet the education, health and social care needs of children and adults who are living with an illness, injury or disability.
The term Community Care law describes the legal framework which governs the provision of education, health and social care services.
The specialist Community Care team at Lester Aldridge can provide you with advice and assistance in relation to all aspects of Community Care including how to get an assessment of needs from your Local Authority for yourself or someone you know.
(For more details see https://www.lesteraldridge.com/individuals/community-care/)
Paula, Tim and James will be delighted to help you!
Life Matters for Lymington with Lester Aldridge, February 2019