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Mental Capacity and called to assessment
Hi
One of our supported living clients has been called for an ESA assessment, he has a deputy and no capacity in relation to understanding day to day aspects of living.
The ESA form was originally completed by one of our supported living staff members, who had never completed a form before, which did not indicate severe problems. I managed to get the assessment postponed and then forwarded lots of evidence, including a MCA2 and GP letter, hoping they would make a paper based decision. I have received an email from Maximus saying that a senior medical advisor has now reviewed all available evidence, but because he only has 2 hours a day 1-1 support and can get around independently, so he still expected to attend an assessment. They say that they need to explore at a F2F, his difficulties coping with change and attempting new tasks, to satisfy the ESA procedures in advising functional disability and risk. How can they call someone for assessment with no capacity? Plus the assessment centre is 25 miles away, not the one local to him.
If he’s getting around independently I can understand why they question whether he can set an alarm clock and cope with any change. I’d also say that CHDA are quite keen on doing paper based assessments in my experience.
You can try and get the assessment centre changed but I’d recommend complaining rather than ringing the 0800 number as they’ll just trigger a referral back to JCP for non attendance. If you complain they’ll often offer multiple assessments before referring it back.
have you sent a copy of the order appointing the deputy as well? they must know that CoP won’t appoint one without good evidence…
Hi, I have requested an assessment centre more local to claimant. I sent in CoP and a MCA2, which has made no difference. Where it states ‘can get about independently’ that is in relation to a limited area he knows well, with hover support.
that is in relation to a limited area he knows well, with hover support .
Is that evidenced?
The third path on this is tough it out and argue the toss at Tribunal. Of course your deputy would need to be sure that’s in his best interests.
that is in relation to a limited area he knows well, with hover support .
Is that evidenced?
The third path on this is tough it out and argue the toss at Tribunal. Of course your deputy would need to be sure that’s in his best interests.
We haven’t got to F2F yet, let alone Tribunal :) I have argued ‘not in his best interests’ and getting no where. I emailed Sue Marsh personally (a lot of good that did me too)
[ Edited: 4 Jan 2017 at 10:20 am by Wensleyfoss ]that is in relation to a limited area he knows well, with hover support .
Is that evidenced?
The third path on this is tough it out and argue the toss at Tribunal. Of course your deputy would need to be sure that’s in his best interests.
We haven’t got to F2F yet, let alone Tribunal :) I have argued ‘not in his best interests’ and getting no where. I emailed Sue Marsh personally (a lot of good that did me too)
I’m talking about good cause for failing to attend the F2F. If you’ve proved he’s, say reg 35(2) and they’re being stubborn as they are wont to do then that would buoy an argument that he had good cause for failing to attend.
However if his deputy can give him a lift and it’s a formality a Tribunal might not be too impressed with your efforts to avoid the inevitable.
Edit; I can see both sides of this and if your client doesn’t attend the F2F you’re playing with fire…
Thanks for that. I have now sent further evidence and I will update once I hear back.