Direct Payments and employing family

[Mitchell81]

I started the whole direct payments in November last year for DD. We advertised twice and no one applied, we were looking for someone 6 hours a week. Finally I found someone who could do school holidays only and SS changed the hours to 10 hours holidays only.

We used the personal assistant during the Easter holidays and now should be using her during the summer holidays but she is off for 3 weeks after having an operation.

So we have asked SS if my sister can do the job during the term time, they keep saying no. Have been to the head of SS, but still saying no as these aren't classed as special circumstances. We live in a village of 2500 people and have no one applied for the job.

Any suggestions or ideas what we should do next to try get them to change their minds.

I think it is allowed. You need to look at the directgov website, there is a section for DPs and it sets out clearly what you can and can't use DPs for. I looked at it recently and I'm sure it says you can't pay partner/husband/wife but its OK for a relative one level removed iyswim. It makes me sick that these people don't know the rules themselves. The reason I looked at it is because I was told categorically by the head of our Soc Workers that you can't use DPs for services but MUST use them to pay a person - WRONG!! I have been doing it for years, long before she got her job here and it is perfectly OK. So I politely informed her of her mistake

They keep changing the rules about what and who you can use the DP's for but at the moment in Scotland you CAN use them to pay a relative, i will be using ours (when we get them ) to pay my mum and dad as they are the best people for the job, SW is happy with this.

This is from CAF's Guide to Direct Payments in Scotland...

Direct payments and employing close relatives
The general rule is that you cannot
normally use direct payments to
employ a close relative. However
social work can agree to make an
exception to this rule, and allow you
to employ a close relative if they
believe that this is necessary to
?safeguard or promote the welfare? of
your child. Social work can agree to
this even if the close relative shares
your household.
Prior to November 12th 2007 the
rules on employing close relatives
with direct payments were different.
For details of how a close relative is
defined or for further information on
these rules contact our free helpline.

Thanks, I am also in Scotland so have copied the CAB and Direct gov info and sent it in an email to SS.

I also said with much regret I will be going to my local MP and newspaper to see if they can help me at all.

I don't leave DD with anyone except family even if I managed to find someone else during term time I would also stay with DD aswell.

Obviously PFB but with seizures, dislocations, unable to communicate and can be hurt easily. I don't trust anyone. IYKWIM

Result
Got a letter today after me sending an email on thursday saying that I was going to my local MP, they said I can use my sister but still need to keep looking for a new personal assistant who is not family. So at least we are sorted for next term.

YAY! They caved!

Glad they agreed.