Law about social services assessment etc

[jennybensmummy]

social services are being very awkward and wont assess us, me as a carer and ben as a disabled child, if they still refuse at the next multiagency meeting next week i want to be able to tell them the law etc but what exactly is it and where can i find it written down anyone know??? id be eternally greatful!!

Hmmm. I think your issue is that (unlike SEN which is laid out in a couple of places) it's all over the places. I think, broadly, your child's rights to an assessment are laid out under the children's act (1989) and your rights as a carer used to be covered by the Carers (Recognition & Services) Act of 1995, but that is now largely superceded by the Carers and disabled children's act of 2000. Directgov.org has a link in the carers' section.

I think ben's assessment and yours are covered by different laws and are logically different things. However, many SS have merged them into a single process/document. I found that because Social Workers are so very badly trained in the relevant law, they tend to speak of their local process as if it were the law, rather than just some tatty document drawn up in a back room at the council offices.

Try calling SOS!SEN. IPSEA only do educational stuff, but SOS!SEN are a bit more general.

I know some people at Camden Council - they're very good at providing people with information - it's always worth searching for the term that you are looking for and adding Camden - they've usually got a really good document, that tells you you're rights in plain English - this is from their site:

Carers' legislation

Since 1996 there have been three pieces of legislation aimed at supporting carers.

1. Carers (Recognition and Services) Act 1995

The Carers (Recognition and Services) Act 1995 was implemented in April 1996. Under this legislation:

• all carers of any age are given the right to request their own carer?s assessment
• the carer?s assessment looks at the ways in which the carer can be supported in their caring role
• the information from the carer?s assessment can be used to increase the services to the cared for person.

1. The Carers and Disabled Children Act 2000

The Carers and Disabled Children Act 2000 was introduced in April 2001. Under this legislation:

• unpaid carers over the age of 16 years who are caring for an adult have the right to request a separate assessment of their own needs. A carer may request his or her own carer?s assessment even, when the person they care for refuses their own assessment or support services
• people with parental responsibility for disabled children may also request a carer?s assessment
• local authorities have the power to provide services directly to carers to help maintain their health and safety and support them in the caring role.
• services to carers may be provided in a variety of ways, such as direct payments for carers.

1. The Carers (Equal Opportunities) Act 2004

The Carers Equal Opportunities Act 2004 comes into force on 1 April 2005.

The new law will have various positive effects for carers in Camden. It means that carers will:

• be told about their rights to their own carer?s assessment
• have their wishes to remain in or return to work and education taken into account when decisions are made about support given to the person they care for
• have better information about opportunities for work, education, training and leisure
• benefit from more emphasis on joint working between statutory services such as Camden Social Services and Camden Primary Care Trust.

Benefits to this new legislation include:

• more carers being able to continue in work or study whilst caring
• increase the employability of carers who wish to return to work or study
• more opportunities for carers to have access to education, training and leisure services and lead a more fulfilled life.

You can find the above here: www.camden.gov.uk/ccm/content/social-care-and-health/support-in-your-home/information-for-carers/car ers-legislation.en

We've been having another chat about the law and S.S. over here: mumsnet.com/Talk/special_needs/783532-Social-Services-what-do-they-offer

And I've found this document in particular to be really really useful: www.camden.gov.uk/ccm/cms-service/stream/asset/?asset_id=632174

Sorry if that's a bit long/dry... hope it helps!

J

sorry for delay, thanks everyone ill investigate and print out bits to take with me to kick them up the arse remind them of the law!!