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Advocacy
Community Care The Community Care legislation was introduced primarily to prevent, and end, the institutionalization of people in institutions, for example mental hospitals. The government introduced the Act but allowed council’s and Health Boards little extra money to implement it. For the purposes of M. E. sufferers, the most beneficial sections of the Act are those sections that allow them to be provided with services, for example, from the local authority in particular the Social Work section of the council. The relevant section makes it a duty, placed upon local authorities, to provide an assessment of the need for services of people for whom they have a duty or power to provide services.
Duty of Care Having identified such a person, and a person who suffers a severe form of M. E. would be such a person; the local authority should carry out such an assessment even if it has not been requested. It is no doubt very difficult for the local authority to carry out an assessment where the client has not requested such an assessment however; it is their duty to do so. Services offered should be tailored to the needs of the individual concerned so that each applicant, for assessment, should not be pigeon – holed into services, which already exist but don’t fully meet the identified need. M. E. sufferers can identify, themselves, the services they think they require so that they can request an Occupational Therapist’s assessment, Home Help Assessment, Benefit Check, or any other service which they think could provide items/advice which suits their needs. So, for example, someone who has great difficulty climbing stairs could request, during the O/T assessment, that a stair lift or banister is installed. One could also request that a door entry system, which allows entry, controlled by the client, to be by the push of a button, instead of climbing stairs, to their home. A ramp, to make it easier to gain entry or exit from property is also a possibility, if, for example the client uses a wheelchair. Hoists, to make it easier to get into or out of a bath, shower seats, indeed showers can all be installed if the client can convince the O/T that these items are necessary to allow them a more normal life. The local authority can refer to the Health Board for help and advice when dealing with a particular client. In fact M. E. sufferers should demand that this referral takes place because the Health Board, in your area, can identify existing services specifically aimed at assisting M. E. sufferers. The Social Work Department, who would arrange the assessment, can assist you to secure such services and can advocate, on behalf of the M. E. sufferer to improve the medical assistance, which they are receiving. The client can mention in the request for assessment that they consider that a Multi-disciplinary Team should be formed in order to deal with their particular situation. If this is refused then clients should lodge a complaint, under the council’s Complaints Procedure. The benefit, of formation of such a team is that all agencies, involved in your particular case, can meet together (Case Discussion) to discuss, in your presence, your particular needs. You would have the right to attend such a discussion or you can mandate a person to represent your interests.
Direct Payments Since April 1997 it has been possible for the local authority Social Work Department, to offer cash, rather than services, to allow a client to identify, and employ for a specific number of hours each week, a person of their own choosing to provide for their care needs. This is called Direct Payments and people who receive this money must use it to arrange services for themselves to meet their Community Care needs. These payments are not taken into account when benefits are assessed neither are they liable to income tax. You can only receive such payments if you are able, and willing, and the department is satisfied that this is the case, to manage direct payments. A disabled person can also receive direct payments to meet the cost of services needed by their children as a result of the parent’s disability. Of course, if the local authority offers you direct payments and you do not feel confident about dealing with the limited paperwork, then you can refuse this service and you should receive services instead. 25% ME GROUP
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