UPDATED  25th  APRIL  2012

This page will look at Carers Rights. For years all we have heard about is Councils rights but carers have started to fight back in Birmingham courageous carers stripped by their Council of services have taken the Council to the High Court and won and reinstated their services. I take my hat off to them. Every council in the country must now comply with the courts findings. My case on Councils withdrawing 7 day collection of the yellow bags containing faeces,diarrhoea, urine, blood and vomit from the doubly incontinent and replacing it with 14 day collection turning carers property into a dump it sight for sewage.With Rossanna Trudgian from Mencaps Campaign’s Departments help, my case was put to Mr Burstow the Care Minister by MP Alex Cunningham in Westminster. Zero Tolerance on carers  storing up to 8 bags of stench will not be tolerated it will either be weekly collection or carers should use FULL TIME CARE. Councils should be aware leaving large quantities of stench on peoples property for 14 day violates article 8 of their Human Rights. Carers are fighting back more, and more are applying for judicial reviews to stop the barbaric act of withdrawing services and unlawful charges on those services many without Consultation. Equality Impact Assements are being breached when Councils fail to hold Consultation. Zero Tolerance on 14 day collection of stench is unacceptable. Over one bag a week should be collected weekly. If your council refuses use FULL TIME CARE.

One disabled adult on income support who would cost £1500 to £3500 a week going into any council  FULL TIME CARE this will wipe out any councils savings on 14 day collection of stench of faeces, diarrhoea, urine, blood and vomit GOING INTO FULL TIME CARE WILL COST THE COUNCIL A MILLION POUNDS A YEAR 100 will cost 10 million a year this WOULD BE A CATASTROPHE. I AM ALREADY ADVISING CARERS ENOUGH IS ENOUGH. Councils were not advised to leave bags of stench of faeces,diarrhoea, urine and blood on carers property for 14 days turning their property into a dumpit site for sewage. Councils were not advised to have a zero tolerance on up to 8 bags of stench left to be collected every 14 days. Councils were not advised to alter cut or withdraw a service without Consultation. Councils were not advised to do these things by the Enviroment Agency or by the Equality Impact Assessors or by following Council guidelines. Each Council is risking FULL TIME CARE for a saving of less than £100,000 pound a year less than the cost of one person in FULL TIME CARE this is my recomendation to every carer unless 7 day collection is restored. Councils have pushed carers too far. 

If a carer wants to know their rights on Consultation use the internet enter “Do Councils breach Council guidelines on Consultation” You will be advised in the top position on page one  by “nationwidecarers” not by the 400 Councils. Why does it take a carer to advise carers on Council Guidelines on Consultation? Mencap with my help are investigating this unaccepable situation bringing it to the notice of the Care Minister Mr Burstow is just the start.  Carers Rights to use FULL TIME CARE is one of many options open to carers this could cost Councils billions of pounds a year. Unfortunately in my experience top Council officials do not know the guidelines and get wrongly advised. The same thing applies when Councils breach Community Care Law.

Carers UK have revealed the May 2011 figures that 6.4 million carers save this country 119 billion pounds a year. The Government know and the Councils know that this country would collapse if carers stopped caring and I am here to make sure they don’t forget it. They must stop treating carers like second class citizens. By charging carers for services unlawfully when the disabled adults benefits are used up. They must earn the respect of carers or carers will implement their right to use FULL TIME CARE recommended by “nationwidecarers” Don’t care in poverty when your round the clock care is provided for nothing. Councils with find care will cost billion of pounds a year created by their own making.

Few Councils inform carers of their rights mainly because they don’t believe they have any, how wrong they are. They have under Council Guidelines a right to hold Consultations before they alter cut or withdraw a service, many do not, this is unlawful. Councils make a zero tolerance transport charge disabled to all adults on income support for transport to day centres. They hold no financial assessmnet on their ability to pay this is unlawful. When making this charge the mobility component of DLA must be ignored. The charge can only be paid out of their basic benefit + income support and the care component of DLA Charging for respite care when the carer can prove all the disabled adults benefits are used up thousands are paying who should not be this is unlawful. When the disabled adults benefits are used up and the Council compel the carer to pay this is unlawful.  How can a carer with £200 worth of benefits afford to pay respite charges when the disabled adult costs between £1400 and £3500 a week in care. Those are the reasons why I recommend carers to use FULL TIME CARE and to retire from caring at 60. 

When a vital service to you is withdrawn with or without Consultation write to the Strategic Director of adult services always inform him that you can no longer manage to care without this service ask him to reinstate the service failing that will you please inform you of what FULL TIME CARE facilities are available for your disabled adult. When the Council ask you to pay respite charges when all the disabled adults benefits are used up again write to the director stating you can no longer afford to pay this charge ask him to withdraw the charge failing that ask him to inform you what is available in FULL TIME CARE. Meanwhile don’t stop your respite  care that you desperately need  to continue caring at home. Councils cannot legally stop your respite care and don’t pay the charge.

I would welcome on your behalf to discuss in the media with anyone from the Government or any directors of the 400 Councils on their unlawful stance on Consultation and there unlawful stance on Community Care Law affecting charges to disabled adults on Income Support the loopholes in the Council Guidelines and on Community Care Law you can drive a Boeing 707 through, those loopholes must be filled. I have tried to find one Council member to discuss breaching of those laws without success. Resulted in many applying for FULL TIME CARE because they can no longer cope either financially or physically with the reduced services and increased charges.   

When 6.4 million carers save this country 119 billion pounds a year Councils must treat carers with dignity and respect. Carers care for nothing and give of their life caring for their disabled adult. The well is dry carers are no longer  going to put up with being assessed as needing help and services to watch Councils unlawfully and without Consultation reduce or cut or withdraw those services and unlawfully charge for transport and respite when the disabled persons benefits are used up. When this happens write to the Council Strategic director tell him you can no longer afford to pay for those respite and service charges as all the disabled adults benefits are used up. You can no longer cope with the cutting and withdrawing of services you desperately need. I request you give me back those services failing that tell me what is available in FULL TIME CARE. Over the last 15 years services have been slashed and charges have escalated and you can no longer afford to care at home.

FULL TIME CARE is your choice by law there is no compulsion to care. Councils do not deserve carers to care at home. When in care Councils take their benefits they provide free round the clock care the worry switches from the carer to the Council the carer does not need to worry about Council laundry and bathing services shutting, day centres and respite homes shutting, collection of yellow bag sewage being left for 14 days on your property Carers don’t need to worry about the £100,000 a year bill to pay for their FULL TIME CARE. THE CARE IS FREE AND THE COUNCIL PAY

GEORGE VALENTINE

    ADVISOR ACTIVIST AND CAMPAIGNER

FOR CARERS RIGHTS.