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Local authority care - Urgent advice required

 

Phil R
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I’m in need of some direction. My client has a 2 year old child with cerebral palsy. She needs 24 hour care. He has taken time of work and between him and his wife they have been caring for her as the local authority refused any help as she is under 5. His wife is pregnant and can no longer care for their daughter. My client has had to return to work as they are in danger of losing the house. The council have also been dragging their heels on a DFG for adaptations for more than 18 months and their only option is to leave their daughter in her cot or chair all day as they cannot carry her downstairs. The DFG complaint is at stage 2 and the council have still not made a decision 3 months later. I will be taking the DFG issue to the LGO. Can anyone advise on any help the family can get from the council or anywhere else to help care for their daughter?

     
Elliot Kent
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My, admittedly non-expert, understanding is that the local authority’s childrens’ services ought to be doing a “parent carer’s needs assessment” under the Children Act. If the LA has done that and the parents are unhappy with whats in it or it is refusing to do one, the parents should speak to specialist solicitors.

     
Paul_Treloar_AgeUK
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Might be worthwhile contacting the Family Rights Group as they do a lot of work in this type of area I believe.

     
Gareth Morgan
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Phil R - 14 June 2019 02:57 PM

The council have also been dragging their heels on a DFG for adaptations for more than 18 months

What does ‘dragging their heels’ mean?  Children’s DFGs are passported and extra help can be given using the RRO, so it’s unlikely to be a financial issue.  Does the OT disagree with the proposed works?

     
Phil R
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Gareth Morgan - 17 June 2019 01:18 PM
Phil R - 14 June 2019 02:57 PM

The council have also been dragging their heels on a DFG for adaptations for more than 18 months

What does ‘dragging their heels’ mean?  Children’s DFGs are passported and extra help can be given using the RRO, so it’s unlikely to be a financial issue.  Does the OT disagree with the proposed works?

The proposal went against the OT recommendations because the adaptations weren’t possible given the size of the house. The council now want to bring in another OT that will agree to change the turning circle requirements etc and approve the plan.

     
ClairemHodgson
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but surely if a particular turning circle is required given the particular wheelchair, and that won’t fit in the house as is, it should be a rehousing situation?

     
Phil R
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ClairemHodgson - 17 June 2019 02:44 PM

but surely if a particular turning circle is required given the particular wheelchair, and that won’t fit in the house as is, it should be a rehousing situation?

The property is owned Claire. The client has had his own plans drawn up that would fit everything perfectly and would ensure no more adaptations would be required as the child gets older. Unfortunately, this involves an extension and despite the client offering to pay any costs over the already agreed figure himself, the LA simply don’t want him to build an extension. With their plans as they stand, within a couple of years, the home will have to be adapted again as the child will have outgrown it. The council is a farce. Ofsted and CQC are in this week completing an assessment and I have advised him to speak to them.

     
ClairemHodgson
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Phil R - 18 June 2019 11:53 AM

the LA simply don’t want him to build an extension. .

that’s a planning decision.  if the planners have said no, that’s one thing

if it is social services etc who have said no - it’s nothing to do with them.!

     
Phil R
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ClairemHodgson - 18 June 2019 12:11 PM
Phil R - 18 June 2019 11:53 AM

the LA simply don’t want him to build an extension. .

that’s a planning decision.  if the planners have said no, that’s one thing

if it is social services etc who have said no - it’s nothing to do with them.!

Unfortunately, it;s not the planning department that have refused the request, it’s the people dealing with the DFG.

     
ClairemHodgson
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Phil R - 18 June 2019 12:55 PM
ClairemHodgson - 18 June 2019 12:11 PM
Phil R - 18 June 2019 11:53 AM

the LA simply don’t want him to build an extension. .

that’s a planning decision.  if the planners have said no, that’s one thing

if it is social services etc who have said no - it’s nothing to do with them.!

Unfortunately, it;s not the planning department that have refused the request, it’s the people dealing with the DFG.

bizarre.
his house, he can build an extension if he wants to

i wonder if you should go the JR route?

given what you said about the child’s condition, is there a solicitor dealing with a clin neg claim, they should be able to sort this out

     
Phil R
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ClairemHodgson - 18 June 2019 03:02 PM

bizarre.
his house, he can build an extension if he wants to

i wonder if you should go the JR route?

given what you said about the child’s condition, is there a solicitor dealing with a clin neg claim, they should be able to sort this out

He can, they just won’t give him a DFG towards it. I’m taking it to the LGO so we’ll see how far we get with that.

But in the meantime the family are really struggling.

The main issue is that the LA have refused any help for the family with regards to caring until the child is 5 and they’re struggling to cope.