What now for deprivations of liberty?
What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.
SPOTLIGHT |
The Local Government and Social Care Ombudsman has issued a reminder to councils that vulnerable people can choose who supports them through care reviews.
The LGO’s comments followed an investigation after Suffolk County Council halted assessments for a couple’s care and support plans because of a dispute.
The couple, who are deafblind, wanted their support worker to attend meetings with the council to discuss care package reviews.
However, Suffolk County Council said it was not appropriate for the support worker to attend, and wanted an independent advocate there instead.
The couple complained to the Ombudsman. The LGO said its investigation had found flaws in the council’s assessments of the couple.
It had also found Suffolk at fault for excluding the couple’s support worker from the support review meetings, and for saying it could not complete the couple’s care and support plans while there was an ongoing complaint.
The LGO said the council had accepted most of the Ombudsman’s findings, but had yet to accept it was wrong to exclude the support worker from the meetings.
The Ombudsman called on the council to:
The LGO also recommended that Suffolk considers how it will make sure:
Local Government and Social Care Ombudsman, Michael King, said: “Statutory guidance says when assessing people and revising their care and support plans they can have any other person they want involved.
“While the council was right to identify the need for an independent advocate because, as a paid employee, the couple’s support worker could not fulfil that role, that did not mean it could exclude her from meetings to discuss the couple’s care and support plans.
“I now urge Suffolk County Council to consider my report and its findings and complete its assessment of the couple.”