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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33507
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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A social worker from my local council has in my opionion worked

Resolved Question:

a social worker from my local council has in my opionion worked outside of her legal obligations where my fathers care is concerned, I was in a meeting today and it felt as if I had made him go into a nursing home against his will. He was in fact Fastracked under the NHS Continuing Healthcare Scheme due to the seriousness of his condition. I feel that, appropriate action should be taken against the Local Authority and also the Social Worker involved. What are my options?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

it's fine I'll wait a little longer. Thank you.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain a little more about what has actually happened please.
Clare
Customer: replied 1 year ago.

Hi Clare


My father has Parkinsons Disease for the past 10 or so years, of late he also was diagnosed with dementia (relating to the Parkinsons). He has been having care provided by the Local Authority, four care calls per day, for which he was means tested and has contributed towards financially. 9am, 1pm, 5pm and 9pm for two or so years. It has been obvious to me for a good while that this was inadequate for his needs. I gave up my job and became his full time carer. This has been the way for the past two years.


Despite repeated attempts to convince social services that his need was health related and not a 'social' one I was always told, particularly by the most recent social worker, that he was better off at home.


After one particularly bad night, I think I picked him up from the floor at least three times in desparation I contacted his Parkinsons Specialist and was told by her that he should be in a nursing home. I wasn't getting any rest at all, my family life was suffering and most importantly of all my father wasnt getting the care he needed. (Nursing) He was subsequently Fastracked under the NHS Continuing Healthcare Funding Scheme and placed in a nursing home immediately due to his severe health condition.


My issue is not with the nursing home funding, it is however with the local authority, the social worker involved in the latter stages and the fact that my father had to contribute to care that to even a lay person was inadequate for his health needs.


I kept documentary evidence of all incidents involving my dad, particularly where he was endangering himself, I also kept a transcript of the last meeting the social worker had with him. She was obnoxious, opinionated and extremely rude. I have a complaint with the local authority regarding this social worker at the moment.


I feel that my father should not have to pay any outstanding sums in relation to his 'social' care, I also feel that, given my repeated requests for more care than was being provided, he should get a full refund of all amounts paid. I also believe that the council has acted outside of its legal obligations where his care is concerned by means testing him for this and not providing the correct support and information when requested by his family.


I referenced the 'Coughlan' case while looking into this.


I hope this helps in some way, please do not hesitate to contact me if you need any further information.


regards


Paul Hyde

Expert:  Clare replied 1 year ago.
Hi
For clarity - how is your fathers' care financed NOW?
Clare
Customer: replied 1 year ago.
nhs continuing healthcare funding, he was fastracked due to his condition. social services and the social worker in particular neglected his needs and my requests for at least 18 months
Expert:  Clare replied 1 year ago.
Hi
Is there any medical evidence to support the fact that he should have been receiving this from an earlier date
Clare
Customer: replied 1 year ago.

yes his Parkinsons nurse practitioner would do a report to his doctor each time she called. Also, it would probably be on his medical records any visits he had to A & E due to falls etc. I would have contacted his Parkinsons nurse each time I had a concern as well.

Her opinion is that Social Services and one particularly social worker have neglected his health needs for at least 18 months.

Expert:  Clare replied 1 year ago.
Hi
Have you made a formal complaint yet?
Clare
Customer: replied 1 year ago.

I have made what you might call an informal complaint, via the county council finance office. I chose this route initially as they had sent me the latest billing for his care. I stated in the letter I sent to them that I didn't think my father should pay the latest request and also that I thought he deserved a refund of all other fees. I explained in the letter why I felt this way. It has been acknowledged and passed on to the complaints department, I was waiting to hear from them before I made any further correspondence. The Social Care manager contacted me by telephone today but I didn't answer. Her message stated that she wanted to 'explain' what had been going on. (Last week I was put through an appalling experience by the same social worker which prompted me to contact someone on justanswer, hence my reluctance to answer the telephone). Hope this helps.

regards

Paul

Expert:  Clare replied 1 year ago.
Hi
I think that you have clear grounds for a formal complaint - and that should be made in writing with a clear indication that you do NOT wish to deal with anyone on the telephone (so often used to divert and confuse)
You have clear evidence that your father was entitled to funded care, indeed funded full time care and for whatever reason the Social Worker refused to allow this to go forward
You shoudl make a specific complaint about the behaviour of the Social worker , together with a claim for compensation on behalf of your father for the monies paid for his care unnecessarily.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

ok thank you and would you recommend that the formal complaint is made through a solicitor, particularly as a claim for compensation is also to be included or will I keep the first correspondence just from me?

Paul.

Expert:  Clare replied 1 year ago.
Hi
I think at this stage you can manage the matter yourself - you are very articulate!
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33507
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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