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
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