Community care case studies

William

William was autistic and was the younger brother of a child with cerebral palsy. Everyone in the family was beginning to suffer as the parents struggled to manage the needs of both children.

We negotiated with the social services department to get a proper care assessment which assessed the needs of all family members.

We then arranged for respite care to enable the parents to have a proper holiday, as well as one weekend a month which could then be devoted to their older son. William also got time away with people his own age and staff who were able to meet his needs.

James

James had cerebral palsy, learning difficulties and visual impairment. He had been looked after by foster parents since early childhood and educated in an education authority special school. Unfortunately his local authority failed to address his needs on transition to adult life and no arrangements were made for his housing, care and further training once he reached the age of 18.

The foster parents were able to provide him with housing in a property adjoining their own home but James needed a team of trained carers to look after him. Belatedly the local authority offered James a place in one of its residential homes.

This was located some distance from the foster family, who believed the placement was in any event unsuitable for someone with James’ range of special needs.

We advised that James had strong grounds for action through the court, and represented him in negotiations with the local authority, engaging independent expert assistance in assessing how his needs should be met. A housing association and a specialist care agency became involved and we secured local authority funding for a tailored care package, to be delivered to James in the property adjoining his foster parents’ home.

That way his care needs could be met while he continued to live in the community where he had spent his childhood. We also ensured he obtained a place at a suitable local college, so that he could continue his education.

Mary

Mary lived in a nursing home. She had complex care needs caused by the effects of long-standing diabetes. She needed experienced nursing care and received NHS fully funded continuing healthcare payments to help pay for her nursing home place.

Her needs were re-assessed by her local Primary Care Trust (PCT), which decided she was no longer eligible for the NHS payments. We were consulted after the time for appealing the PCT’s decision had expired but persuaded the strategic health authority to allow Mary to appeal out of time.

Steph

During a SENDIST appeal for a residential school place for an autistic child, we threatened an Authority with legal action for failing to meet social care needs. The social services team then applied to the family court for an order that Steph should go into care. The Authority failed because there was no evidence that Steph was at risk. Under pressure from the court, the school place was agreed.

We then helped the family with a formal complaint about how the Authority handled the case and particularly the unjustified family court application and lack of understanding of the needs of families living with autism. The Local Government Ombudsman upheld the central complaints and asked the Authority to apologise, review procedures and make a nominal financial award for distress.

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