QUESTION TIME (new)
The PFG regularly receive letters, telephone calls and emails from members of the community in respect of Personalisation, their legal rights and general queries. We are by no means experts but have collectively gained a great deal of knowledge that we are happy to share. We have agreed to include 'Question Time' on our site to try and give some answers or infomation to people who have asked for our help. We can't publish every question but will try to do our best. Please be aware that we are not legally trained but we do consult with solicitors and read Governement guidance, but sometimes we get it wrong! - We will always advise that people should gain specific legal advice on matters relating to individuals rights but hope that our support is helpful.
G from Doncaster contacted the PFG to ask advice relating to their recent request for an assessment. G does not have any physical disabilities or health issues but has been unable to leave the house for almost twelve months due to a combination of mental health difficulties. G receives CPN support (visit fortnightly) and has irregular appointments with a psychiatrist. G requested an assessment of need and following the asessment was told that physical needs take priority and there was little 'weight' placed on needs relating to social isolation resulting from a mental health issue. G was advised that they already have specialist mental health service input and that the fortnightly CPN visits meet their needs. G described feeling let down by the system and continues to be a prisoner in their own home.
The PFG are not suprised by this situation as it seems to be a constant theme in the questions we are asked. We think that this is discriminatory and is an unlawful approach to meeting need. Some of the risks to independence and wellbeing are classed as critical and these usually involve life-threatening circumstances or serious safeguarding concerns, but other than these there is no hierarchy of needs, so needs relating to social inclusion and participation, family roles and responsibilities, work and education should be seen as just as important as needs relating to personal care. Councils should make decisions in the context of a Human Rights approach, considering peoples needs not just in terms of physical functionality but in terms of a universal right to dignity and respect. G should ask for a copy of the assessment and it should cleary state the identified needs and the level of eligibility assessed.
B contacted the group to say that they had received a Community Care Act Assessment some eight weeks ago and were advised that they were ineligible for support. No reason was given other than 'B not meeting the criteria'. B has not received a copy of the assessment.
The PFG advice is that the first thing that B should do is to request a copy of their assessment. Their is a legal duty for a copy to be provided to the person being assessed. It is unaccaptable that an assessment should be undertaken without the person it is about being fully involved and informed.
