By Tony O’Riley-
Derbyshire council are facing legal action over its decision to suspend duties under the Care Act 2014.
The council which has defended its decision, yesterday sent a holding reply to the legal firm Rook Irwin Sweeney’s deadline over the issue.
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A representative of Rook Irwin Sweeney told The Eye Of Media.Com that the holding reply is being considered.
Rook Irwin Sweeney has a lodged a case in the High Court on behalf of a resident who claims Derbyshire Council is breaching its duties.
Derbyshire is one of eight authorities that has authorised suspending assessments, care planning and reviews, in order to protect vulnerable people in the county. They are restricting their activities to those were failure to act would constitute a breach of human rights.
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The Council has used the easements to suspend, reduce or change some “non-essential home care services” for people who have support from family or friends. They say the arrangements had been agreed with those concerned and would be regularly reviewed.
Under the new powers, Local Authorities will not have to carry out detailed assessments of people’s care and support needs in compliance with pre-amendment Care Act requirements. However, they are expected to respond as soon as possible (within a time frame that would not jeopardise an individual’s human rights) to requests for care and support, consider the needs and wishes of people needing care and their family and carers, and make an assessment of what care needs to be provided. Annex B of the guidance provides more information
The new powers also permits the exercising of the Care Act easements when the workforce is significantly depleted, or demand on social care increased, to an extent that it is no longer reasonably practicable for it to comply with its Care Act duties and where to continue to try to do so is likely to result in urgent or acute needs not being met, potentially risking life.
“should only take a decision to begin exercising the Care Act easements when the workforce is significantly depleted, or demand on social care increased, to an extent that it is no longer reasonably practicable for it to comply with its Care Act duties (as they stand prior to amendment by the Coronavirus Act) and where to continue to try to do so is likely to result in urgent or acute needs not being met, potentially risking life.
“If you were a recipient of adult social care in Derbyshire you would want to know what you are facing but it’s impossible to know.”
A spokesperson for Derbyshire County Council said:
“To help ensure we can support people to return home from hospital and help the NHS free up beds to care for people who become unwell as a result of the Coronavirus, we have to focus our resources on meeting the most serious and urgent care needs.
“These temporary changes are designed to help us respond quickly to the pandemic and enable us to ensure Derbyshire’s most vulnerable residents are supported.
“Following an assessment of all clients, we have suspended, reduced or changed some non-essential home care services in line with changes to government legislation for those people who have support of family and friends. “These arrangements have been agreed with everyone affected and will be reviewed regularly to ensure people can continue to manage with the reductions in their support packages.”
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