Page 24 - Community Living Magazine 31 - 4
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conference reports
Working together for better lives
Challenging ideas, passionate debate and vital information were generated at recent conferences
legal and housing rights in a context of cuts home or supported housing, their human
rights are engaged, and they have to be
he hall was packed for community and turned into supported housing consulted and considered carefully, over
living’s eighth adult social care law tenancies when personal care and and above any annual review or
tseminar, Preventing Melt-down in accommodation were tied together, were reassessment. If a person is mentally
Adult Social Care. It was held in March in discussed. Providers may put tenancies at incapacitated, their best interests
Manchester and sponsored by irwin risk and end up with a care home if they consultees must be involved, including the
Mitchell solicitors, writes Rose Trustam. carry the cost of voids in shared provider according to case law. A local
Belinda Schwehr, Community Living’s supported housing rather than the local authority would be in breach of its duty to
legal correspondent and founder of authority or company, or if the providers promote an individual’s wellbeing if it did
CASCAIDr legal charity, organised the day. of accommodation and care are linked. not assess this in each case.
People in shared supported housing could ● Choosing a provider While there is no
highlights lose their entitlement to a personal right to pick who provides support where
● Key legal rights People should read the budget if they have to buy care from the this is commissioned, a person receiving a
care and support statutory guidance so company that provides their home. direct payment can choose any provider.
they can distinguish between duties and ● Budget cuts Statutory guidance says that, They do not need to have full mental
powers, shown in terms such as ‘must’, while a council can consider its finances capacity to request a direct payment –
‘expected’, ‘should’ and ‘may’ (https:// when making decisions, it should not set knowing they want one and will need help
tinyurl.com/care-sup-stat). arbitrary caps on costs and it should also with it should be enough. Most councils
● Can people get legal help? Mathieu choose the option that delivers the best provide help to manage a DP as part of
Culverhouse of Irwin Mitchell Manchester value, not the cheapest option. How their wellbeing powers, although they do
said qualifying individuals (eg those who money is allocated should be transparent, not have to. If an authority turns down a
rely on benefits) can still get legal aid and rational and clearly explained before care request for DP, it has to give its reasons.
cases can be brought by a litigation friend planning starts; the amount needed ● Guides for people with learning
or family member. Crowdfunding to pay cannot be cut just because of budget cuts. difficulties and their families Irwin Mitchell
legal costs has been used by CASCAIDr. ● Moving to save money People cannot has issued Meeting the Challenge – a
● Supported housing or residential care? be moved to save the council money good source of legal help, which includes
The consequences of the Alternative because expecting them to leave a settled advice for those stuck in assessment and
Futures Group judgment in 2004, which home would be a breach of their human treatment units. It can be downloaded
said care homes could not be deregistered rights. Whether they are living in a care from https://tinyurl.com/Irwin-meeting. n
Tackling isolation, forging friendships and staying safe
elonging was central one without) on dating, forging
to the North west relationships and staying safe,
Bregional Self- which increases confidence.
advocates’ annual Following U-Night’s
conference in March in lobbying, the Care Quality
Blackpool, which had the Commission now include
theme what about love, questions about how
what about trust, what relationships are supported
About Us? writes Rose when it carries out inspections.
Trustam. ● Relationship support Kath
bromfield and Darren
highlights Hayward from Manchester
● Isolation Isolation was seen People First spoke on their
as a major consequence of Small Sparks project. This
service cuts. Lucy Hamlin provides small grants to help
from Lancashire’s U-Night group described learning disabilities live with a partner projects develop ideas to help people
how people can be lonely while (compared to 70% of the population). Six connect and build relationships. Hayward
surrounded by others, whether they are in hundred and eighty people in the north spoke passionately about the need for
a room, a house or a street. They need to west had addressed this in past two years; people to have control and a voice, as well
know their assets and strengths and find many formed friendships and one couple as others in their lives to avoid isolation. n
connections in their choices. moved in together. ● U-Night group: http://unightgroup.co.uk
Delegates wrote down what belonging U-Night offer co-training (given by two ● Manchester People First: www.manpf.
meant to them. Only 3% of people with people, one with a learning disability and org/index.html
24 Vol 31 No 4 | Summer 2018 community Living www.cl-initiatives.co.uk