TV Edwards recently helped secure a reversal of decisions made by the local authority to end the 24-hour 1:1 care for two former clients living in residential care placements.

Previous Court of Protection proceedings

These clients had been previously represented by TV Edwards in challenges to their deprivation of liberty standard authorisations in the Court of Protection.

In both cases the Court of Protection had found that it was in the person’s best interests to be placed in a residential care placement under a deprivation of liberty standard authorisation. Due to them exhibiting physical and verbal aggression resulting from their cognitive impairments, they were discharged to their respective placements with 24 hour 1:1 care in place. The majority of the funding for the care and support provisions was provided by the local authority.

The Court appointed family members, specifically their adult children, to act as the Relevant Persons Representative (RPR).

Issues in the case of A and B

After the Court of Protection cases had ended, TV Edwards were contacted by A’s RPR who instructed that the local authority had visited his placement to conduct a review of his care. The RPR had not been invited to attend the review meeting and had not been consulted as part of the review process. She was only notified of the review by A’s placement manager who had been notified by the local authority they intended to reduce his 24 hour 1:1 support hours. The manager confirmed they had informed the local authority they would not be able to safely meet A’s needs without this support and if it was reduced they would serve notice that he would need to be moved elsewhere.

In B’s case, the circumstances were very similar. Whereas the local authority had “reviewed” A’s case 6 – 12 months after the end of the Court of Protection proceedings, B’s care was “reviewed” in less than 3 months after proceedings conclude. B’s RPR told us the local authority had visited to conduct a review without inviting or consulting her. The local authority had communicated to B’s placement the 24 hour 1:1 support would end by a specified date. The placement manager informed B’s RPR of this development and conveyed their objections to the proposed reduction to her care on the grounds they would not be able to safely meet B’s needs.

These cases involved different local authorities, but potentially indicate a trend of local authorities trying to reduce clients’ care provisions once court proceedings have ended.

What we did

TV Edwards took quick and decisive action in these cases on the instructions of the respective clients’ RPR. This involved writing a letter to the relevant local authorities requesting the 24 hour 1:1 remain in place in A’s case and be reinstated immediately in B’s case . We argued there were significant risks to the clients’ personal safety without appropriate care being in place and the long-term sustainability of the respective placements.

Local Authorities have a duty under the Care Act 2014 to review care and support plans it has prepared. These reviews are required to be undertaken annually but can be brought forward if a change of need has been identified or upon the reasonable request by a person receiving care.  However, in these cases the local authorities failed to comply with its duties to involve in any review of a client’s care and support plan any carer they may have which would include family members.

The failure of the respective local authorities to involve the clients’ representatives means the reviews were unlawful. In A’s case, the local authority confirmed within a 2 week period that they had reviewed their decision and agreed to keep the 24 hour 1:1 support in place. In B’s case, the local authority confirmed within 3 days that they would reinstate the full care plan. TV Edwards were able to obtain a real and tangible benefit to our clients in a very quick timeframe with minimal costs incurred.

How we can help?

To find out more about how TV Edwards could help if you have concerns about a local authority care plan review then please contact us at enquiries@tvedwards.com or speak to a member of our Social Welfare team on 020 3440 8000.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.