Social Services aren't working with me - what do?

[FrenchCritter]

Not sure where to even put this in. SN legal is super quiet

Bottom line is I don't think Social Services are/have been listening to me. I feel like I am talking to a brick wall and that can't run. I reckon they've taken advantage of how quiet I am + budget cuts.

I'm in my early 20s so I'm still in the children and young adults disability team.

When I started uni, a couple of years ago, I asked for support seeing as I had full support at school and I was at a worse state anyway needing personal care mainly and general carrying/lifting things for me.

My uni has me coming in from 9-5pm 3x a week so that should work out as 24 hours. However when I received my care package, I received 18 hours. It was calculated from 9-3pm 3x a week I'm not at school anymore! It's not a case of them having to guess because I gave them my timetable and continue giving them my timetable so they knew.

They were then like "go to your uni and ask for support for the remaining hours." I did that prior to going to them as I knew they were going to say that and my university said "we can't do personal care" which is effectively the whole point I need support.

Before my first social worker left (she left my case around october), she suggested me I use my student finance to fund the remaining 6 hours. No. I get about £2k every 3 months, which works out to be £666 a month. The direct payments are £11.50 an hour. One is £69. I can't afford that when it comes to food, my university expenses, my travel expenses in London etc. They know that and my financial assessment says that I shouldn't pay anything.

My next social worker ( oct-december) then promised my family that I would get the 7 extra hours but panel refused that evidently. I'm now doubting if there has been a panel meeting because I get no written confirmation. There's no real con

So, I gave my then social worker my university key worker's details twice. She claims she lost it. I keep asking whether they've contacted university but they hadn't. They still haven't and it's been 18 months. I'm nearly done with my degree and I've been asking ever since i got my timetable in first year.

The same for my current sw (jan-current) and I am not listened to. My current SW has put my case through panel for more hours without getting information from my university about what they offer. I gave university my SW's details but they haven't been able to get through. Neither has my GP been able to.

I'm absolutely angry at how there has been no change. Even my previous social workers left, I was given a new social worker who wanted to start from scratch no matter what I told them. From 2017 to now, there has been no change and I'm consistently having to prove that I'm getting worse and that I need help.

Does anyone have any experience or tips?

My mother is having to fill in the extra hours despite her GP (same as mine) advising her not to due to her spinal problems caused by caring . for me in my younger years

I'm sorry to hear that you're being blocked in this manner. I'd suggest getting your local MP involved - a lot of the time they are great on sorting things like this out. Keep written records of everything as well.

Has your mother requested a carer’s assessment?

Has your mother requested a carer’s assessment?

Yeah, she has several times but nothing has come about from it. She even self-referred herself to adult social services and they've basically told her that she doesn't fit their criteria but they could 'help' my social worker with my case.

@FrenchCritter
There is absolutely no way your mum doesn't fit the criteria for a carers assessment. That was my job up until 2 years ago.
I'd suggest she asks again. X

Before you go straight to an Mp as someone has said I suggest you go through the complaints procedure.
You can phone up SS and ask for the name of the person who deals with complaints and their email.
I would more or less copy and paste what you have written here as it is clear and easy to follow.
They will have a certain amount if time in their policy to respond to you.
The policy maybe on on line or you could ask the council to send you a copy.
Good luck.

I would suggest you ask the DWP to intervene.
Social services have to ansa to someone, google it?
Scan everything and pass it on the the office of said person. Are you able to claim PIP? That might help with the shortfall?
Hope you get sorted x

@QueenFreak

It's not she wasn't fitting the criteria for a carer's assessment because she'd had them. It's just that adult social services say she's not fitting their criteria.

Scan everything and pass it on the the office of said person. Keep written records of everything as well

I would but I don't get written letters from SS anymore.

I do claim PIP but I only get the care aspect as I use the mobility for my car. I think I get about £350? It helps but it's not sustainable, hence why I've been toddling about for 18 months.

I will complain though because it's really making me miss out on university life

I will complain though because it's really making me miss out on university life
Definitely do that. Its not fair to miss out.
I'm concerned if you go straight to an MP or elsewhere without going rhrough SS complaints procedures you might be redirected and told to make a formal complaint and that could take more time.
If you ring up now, you could get the ball rolling by getting a name and email address and seeing a copy of their procedure.
Its only a phone call that takes minutes to make.

This sounds shitty and annoying but I suspect SW are mainly with dealing with only the most severe cases, where people are at risk of serious harm, abuse and neglect.

BlueSkies I'm not sure why you posted that but the OP is not talking about that sort of social services

Social care and support for people with disabilities is nothing to do with the DWP.

I assume you regard your parents' home and their town as your home for now, and you go there for at least some of the university holidays? If so, then you are considered to be an "ordinary resident" of that county - and their county council is responsible for your social care and support; not the university or your university's local council. I doubt universities are funded to provide social care and its outside their remit, imo.

IMO, SS are trying to pass the buck to the university or at least as long as possible to delay paying out for your social care and support to save on their own budget. Its all a smoke screen to put you off the scent.

I assume you have no assets or income except for your student loan, and any benefits like PIP or DSA? If so, then you are entitled to legal aid to pursue this matter against your council with the help of a firm of solicitors with a franchise for legal aid in community care law such as:

1. Simpson Millar
2. Irwin Mitchell

Alternatively, you could write a letter of complaint, headed up with Complaint in bold capitals to the Monitoring Officer of your council. They are usually a lawyer, and its their job to ensure the council is complying with its statutory duties - your complaint will be that:

1. the council is not providing you with the support and care, as assessed by their social worker to enable you to fulfill the outcomes, such as complete your education, and whatever else you can't do
2. If this has been assessed by a social worker, why is the council not providing it in line with their statutory duties under the Care Act 2014?
3. Panels are meant to be used to sign off large budgets for complex cases, not micromanaging the whole SS budget, which is what they are doing in your case?
4. I'd ask what is the justification for the panel ignoring the social worker's recommendations, other than financial (which doesn't count legally)?
5. Given you are most of the way through your degree, and you have had to struggle or your mother has had to help out, how do they propose to make it up to you and give them 30 days to answer?
6. If you don't get a reply, you will be making a complaint to the Local Government Ombudsman.

I believe that your mother is entitled to make a complaint in her own right; or the two of you could make a joint complaint and both of you sign it. LAs can have eligibility criteria for carers' assessments, but they should do one, if the caring for you is necessary and it has a significant impact on her well being, such as she has had to reduce her work, or education or her health (such as a report from a doctor or OT that its not good for her spinal problems. Its considered that the individual is best placed to judge how its harming their well being, so you and your mother would like a cogent explanation from the LA as to why they consider exacerbating spinal problems is not a significant impact on her well being in their eyes? Ask the LA if they do agree that its harming her well being after all, what they are going to do to make it up to her for all the years she has been struggling, and within what time frame?

FYI:

www.communitycare.co.uk/2018/05/04/use-funding-panels-decide-adult-social-care-packages-lawful/

Community Care is an online journal for social workers!

FYI:

www.schwehroncare.co.uk/using-the-monitoring-officer-as-a-free-and-convenient-means-to-raise-concerns-about-illegality-in-the-public-law-sense-in-adult-social-care/

Belinda Schwehr is a lawyer in this field; at the bottom of the piece, she also gives a list of some solicitors with a franchise for legal aid in community care law.

@MontStMichel

Thank you so much for this info! This is such great help.

If I did complain, what could they do?

I don’t know - although I guess you could ask to be reimbursed for anything you have had to pay for yourself to make up for the lack of support? It’s not something I pursue myself, so long as they start doing what they were supposed to be doing all along!

(Parent of a DC at university with mental health problems and assessed as needing social support with eating, education, etc - our LA tried to make out she was the responsibility of the council for her university city. The lawyers acting for her told them, no she is an ordinary resident in our county and therefore their responsibility, not the university city’s!)

No knowledge of the social services side of things, but have you applied for dsa, it might not cover a lot, but could help with other areas.
I’d also second talking to your mp, they can’t do anything themselves, but they can advocate for you and make a bit of a fuss.

DSA have just given me a bit of equipment for uni and home. They too said no to support aside from a non-medical helper who won’t do personal care because SS is really responsible for that.

I’ll let my MP know too. My SW has just told me panel seem favourable and that we’re “close to getting a yes” and that panel have “suggested a few changes to my application” but I’m not betting anything until I see it in writing.

Oh, @MontStMichel, your LA have behaved terribly but I’m not surprised anymore. Just become a bit desensitised. My mum used to be a bit more vocal but now that I’ve become an adult, it’s now down to me.

You’d think I was asking for a lot with the way they’re acting. I’m even thinking of moving out of my city to study after uni and will definitely need a live in carer. Imagine the excuses then!