I've read most of the cases relating to the topic of refusal to agree CHC and I would like some opinion on my problem. It is quite different from the normal CHC cases but I believe after reading the CHC checklist my daughter should at least be given the initial assessment.
My daughter who is seventeen and a half at the mo and beginning the transistion from specialist residential school into adult care. She has severe learning difficulties, non verbal, autism, very challenging behaviour, and exist only for the moment, no awareness of fear, danger, basically sever mental health problems, she is mobile and at last continent (but not always). We met her adult social worker for the first time a few weeks ago and because of the cuts to social service funding it does not appear there will be enough funding to pay for a decent residential placement for her. I suggested we should look into CHC funding, this was rejected immediatly, the social worker said I have already considered it but decided not to go down that avenue, I asked for documentation on the reasons for the rejection, she just said Ive discussed it with my manager and we have decided it not appropriate.
Many of you may be say but shes not dying and she is mobile, agree she is but the guidance says mental health is to be considered as is physical health.
How can a social worker make this kind of decision without consulting us or the PCT and how can I get the NHS involved, if the answer is a no I will accept that but I believe we have the right to have it investigated in the correct manner. Looking for advise please

grabar wrote:I've read most of the cases relating to the topic of refusal to agree CHC and I would like some opinion on my problem. It is quite different from the normal CHC cases but I believe after reading the CHC checklist my daughter should at least be given the initial assessment.
My daughter who is seventeen and a half at the mo and beginning the transistion from specialist residential school into adult care. She has severe learning difficulties, non verbal, autism, very challenging behaviour, and exist only for the moment, no awareness of fear, danger, basically sever mental health problems, she is mobile and at last continent (but not always). We met her adult social worker for the first time a few weeks ago and because of the cuts to social service funding it does not appear there will be enough funding to pay for a decent residential placement for her. I suggested we should look into CHC funding, this was rejected immediatly, the social worker said I have already considered it but decided not to go down that avenue, I asked for documentation on the reasons for the rejection, she just said Ive discussed it with my manager and we have decided it not appropriate.
Many of you may be say but shes not dying and she is mobile, agree she is but the guidance says mental health is to be considered as is physical health.
How can a social worker make this kind of decision without consulting us or the PCT and how can I get the NHS involved, if the answer is a no I will accept that but I believe we have the right to have it investigated in the correct manner. Looking for advise please

Hi grabar

welcome to the forum

Read this link here http://www.rcn.org.uk/__data/assets/pdf_file/0006/78693/003031.pdf

The Social Worker and or The P.C.T Should give you a full written decision as to why your relative dose or does not Qualify for fully funded long term care that is the law, your daughter has health related needs. you have a legal right to a FF/CC Assessment.

cuts in local authorities budgets play no part in your daughters Needs. Read this case law http://www.publications.parliament.uk/pa/ld199697/ldjudgmt/jd970320/barry01.htm

Others will be along to advise you Further in the mean time i hope the links are useful to you

Mick

Bloody hell! What an absolute disgrace. I don't know the answers, grabar, but I think what I would in your situation is
write to the social worker saying want 1) confirmation of discussions and decision in writing
2) regradless of sw position you are requesting a CHC assessment take place and that you have writen direct to PCT to request this

Write to PCT - Does your daughter have support from community learning disability team? if yes, go through them. If no, could you self refer to team OR phone PCT and ask who is the person/team to contact.

If you read the documents mentioned in sticky above, you will see that CHC is totally applicable to people with a learning disabilty.

I can't see that the social worker can gatekeep to CHC assessment - sw/local auth is junior partner.

Good luck

PS, if you don't mind which PCT do you live within?

Hi Grabar,

Welcome to the forum.

If you are not already a member of this forum - http://www.asd-forum.org.uk/forum/ - you may wish to consider joining, they are quite a sympathetic lot too. You may have to be patient in waiting for a response, as the holiday period often tends to be quiet.

The subject matter there is varied, so hopefully someone will come along to share their own experience with you/ try to signpost you in the right direction or to even possibly advise you of any pitfalls. On the subject of Autism... you really are not alone.

Wishing you all the best.

Hello grabar!

Bloody hell indeed!!

Whenever anyone moves from 'one kind of care' to any other 'kind of care', it is a requirement for CHC to be considered, via the initial Checklist, and then via the DST and all the other things you will learn to love but hate, if you stick with the forum for long enough!

Here's a bit of reading material for you -
http://www.chimat.org.uk/resource/item.aspx?RID=108406 - about the transition from childhood to adulthood. Click on 'Click here to view' and read as much as you can.

If you can't read the Powerpoint presentation, just let us know and we'll find another link for you to read.

Stuff the Social Worker - before s/he stuffs you and your efforts on behalf of your daughter.

Unless s/he is willing and able to help you through the very first stage ............ go straight to the PCT and ask for that first stage assessment for CHC.

Ask for everything in writing, or even demand everything in writing - but also, put everything in writing that you have to say to 'them'. If it's not 'written down' .... it may never have happened, because the records will 'vanish' anything verbal.


VM

Forgot to say, grabar, that 'cuts to social care funding' do not come into the CHC situation at all. If anything, the SS is quite keen to pass on 'costs' to the NHS ....

CHC is nothing to do with 'social care' funding, cuts or otherwise. But still, the LA/SS has a duty to provide the kind of support and care that someone like your daughter needs - unless and until her care costs have been shown to be 'elsewhere', so kick ass!

If your SW has perhaps suggested to you that due to ' LA funding cuts' the LA can't cope ........... she doesn't know what she's talking about.

Go straight to the PCT and demand a full assessment for your daughter. Don't ask 'nicely' - demand it.

Your SW and/or his/her manager has a legal duty to advise you ........ not to 'decide it's not appropriate'. It is always appropriate, and also a legal requirement for that assessment for CHC to be carried out when anyone moves from one care system to another, and from childhood to adulthood also.

Bloody hell .......... again!!!

VM

Thank you all so much just reading your replies has made me realise I'm not wrong to think we should be pushing forward with getting the PCT to at least look at my daughters case. At the very least she deserves to be refused in writing. Plus because of the Mental Health Act and her inability to make any informed choices people that have never actually met her have no right to make decisions without consulting us first.
We are in the North Devon PCT but my daughter is registered in the East Devon PCT because that is where she goes to school but we will be approaching the North Devon PCT because that is where we live.