request from Svetlana Kotova and Jon Abrams at Inclusion London.
If you have any material which you can send to Svetlana by 22nd November that would be great. Svetlana has said:
I am emailing you and other DDPOs to ask for help for one legal case which Inclusion London was working on for a few years to set up. Now looks like we found a person who agreed to be a claimant, but I need to collect some evidence for us to support this case.
What the case is about:
The Care Act when it was originally passed included a section which gave the Department of Health a power to set up social care appeals system. It never was set up and never really was consulted on.
Our experience of challenging the Care Act decision through the ombudsman and through legal action shows that those are really not an effective remedy, especially when the main dispute is about the social worker’s opinion.
These are cases for example about the level of support, the way that needs are met, what person’s needs are, whether a person meets eligibility criteria for support, sometimes whether a direct payment is the appropriate way to meet needs, how much support can be provided by carers etc.
If you remember Davey case https://www.bailii.org/ew/cases/EWCA/Civ/2017/1308.html
which went to the Court of Appeal, the judges dismissed the case, despite thinking that social worker’s opinion that it was good for Luke’s wellbeing if his longstanding package of support would break down and he’d have to look for new PAs. In that case, the judges said it was not something for them to decide.
I saw many decisions from the ombudsman along the same lines. Which means if there is a disagreement with the social worker, who can more or less explain why they think the way they think, there is no way really to challenge.
Now with this case, we want to challenge the government’s failure to introduce the social care appeals system.
I am trying to collect evidence to show that this is a systemic problem.
I am looking for 2 things:
Case studies where you tried to help challenge social workers’ opinions/decisions. Maybe referred clients to lawyers, but they could not help.
Testimonies from advocates, caseworkers or advisers who help challenge social care decisions about the difficulties people face.
It could also be testimonies from people who tried to challenge themselves unsuccessfully.
I need this information in the next couple of weeks if at all possible, ideally by the 22nd of November.
I’m happy to talk and answer any questions.
I would very much appreciate your help.
Please email me at
Svetlana.kotova@inclusionlondon.org.uk
