Really interesting document re legal rights

[Agnesdipesto]

here

This paper outlines the central legal duties in relation to disabled children and their families with which public bodies must comply. Given the increasing realisation of the damage the current spending cuts are likely to do to disabled children?s services, an understanding of what the law requires in this area is more important than ever.

Does this below mean that it is possible to get the PCT to give Direct Payments instead of OT/SALT?

Direct Payments
43. One important issue in relation to duties on PCTs is direct payments. At present, a PCT may not provide support to a disabled child (or adult) by way of a direct payment.33 This situation is likely to change as section 12A of the NHS Act 200634 empowers PCTs to make direct payments, but this provision is not yet in force other than in a limited number of pilot areas. However, while PCTs generally remain prohibited from making direct payments to disabled children there is nothing to prevent PCTs transferring funds to local authorities35 to increase direct payments made to disabled children under s 17A CA 1989. Moreover, the Courts have approved the concept of ?User Independent Trusts?36 where PCT money is held in a separate trust and used to purchase a bespoke package of care for a disabled person ? in effect, a virtual direct payment or ?individual budget?. PCTs cannot therefore simply resist requests for personalised care packages from disabled children and their families on the basis that they have no power to make direct payments.

Wow. Thanks.

Maybe Star

I think the Tory plan is sort of to amalgamate everything into one individual budget eg benefits, services etc and give more control to the family. While I am highly suspicious of the intention behind this (reduce provision and benefits overall) there would be some bonuses if you could say no I want to employ a different SALT or I don't want to waste my budget on your autism advisory service I want to employ someone who knows something about autism instead.

However I would think its probably more likely you would get DP in that blurred area between what is health care and what is personal care eg for CP. I could see it being more relevant there.

Just had my interview and also been accepted by NAS!

That looks very interesting - will pour over it later.

Well done Agnes that is great news! :)

Blimey, - we're collegues then! - Make us a brew........

Congratulations!

I know for certain that I would take a cut in what is spent on the Autism Advisory service for ds, to spend how I want.

Probably though, that it will start as a DP lump sum, then it will not rise with inflation, then it will be merged with DLA and other benefits and then eventually be means tested etc.

The current system isn't working, but it is only just better than nothing.

Thanks Agnes

Yes I can see us losing out if they merge DLA on basis DS is not that challenging, has typical IQ and has no physical disabilities (so gets naff all from SS). If he starts sleeping through the night I am screwed.

WEll done Agnes on NAS interview.

Star - our autism advisory is under education not NHS. Does it mean that they would not come under the above point? How about all the other services such as Behaviour Supporty etc. Just wondering how to redistribute my budget if I ever get some say over it.

Autism support (and behavioural support) is LA run I should think in all Counties/Boroughs. Anges and I were simply projecting into the future the possible outcome of the direction that the coalition are taking.

With free schools, and free market, there is at least a possibility that funding for LA agency services will be delegated to schools to buy back from those agencies, or alternatively competing agencies. (This actually happens for some LA services anyway, like ICT support, school meals etc., but disabled services have been 'protected' until now from the free market)

It could be possible also that the funding goes directly to the parents to spend on the support their child gets too as part of the free schools move etc.

It really isn't as pie in the sky now as it might seem. It isn't necessarily a good thing either, except for the fact that it MUST force LA agencies to improve their offering or they'll all be made redundant.

On second thoughts, it won't necessarily improve the LA's offering it will just make them more accountable to their clients (purchasers) which might mean crap provision if the schools start to dictate to them the services they want, and actually quite possible if 'some' parents dictate.

I think that is why it has been protected. Partly this and partly because the LA has a monitoring role wrt statementing.

It can be a bit hard to monitor what they can't control, and possibly unfair to hold them accountable for it!?

Would you trust your school to spend the money on behalf of your child?

I think I like the fact that the LA acts as kind of balance against the power of the individual school (although in reality I know they have very little).

Would love it if funding goes directly to the parent though.

No, I don't suppose I would.