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UPDATED 4th April 2012
This section will deal with Community Care Law and how it is breached by Councils and the shutting down of more Council services. The shutting of Respite Homes and Day Centres ONE PUBLICLY FUNDED FACILITY NOT FACING CUTS IS THE HOUSE OF LORDS—-A DAY CENTRE FOR THE RICH AND FAMOUS. For a year now I have accused the Government and Councils throughout the country of breaking Community Care Law on three counts without a challenge from any Government member or any Council Strategic Director. They avoid going public on Council charging. On your behalf nationwidecarers with over 40,000 page hits. Have explained how carers of disabled adults on income support have been financially abused,where millions of pounds have been unlawfully paid by carers leaving many in poverty. Retire from caring with dignity at 60 the life expectancy of a carer who cares 168 hours a week is shorter than a normal person due to the pressure of caring. Prisoners in jail have a better quality of life than a carer. There is no insentive to care at home. Stopping Independen Living Fund care for 22,000 most disabled with complex needs will cost the country 2.2 billion pounds a year in FULL TIME CARE. If your council fail to provide a replacement service use FULL TIME CARE. THE LATEST FIGURES RELEASED BY “CARERS UK” WHO ARE LINKED TO THIS WEBSITE AS ARE “MENCAP” STATED ON MAY 16th 2011 OVER 6.4 MILLION UNPAID CARERS SAVE THIS COUNTRY 119 BILLION POUNDS A YEAR. MORE THAN IS SPENT ON THE WHOLE NATIONAL HEALTH SERVICE.
READ AT THE END OF THIS PAGE THE COMMENTS OF PROFESSOR LUKE CLEMENTS A TOP LONDON EXPERT ON COMMUNITY CARE LAW WHO ADVISES MANY CARER ORGANISATIONS INCLUDING MENCAP AND CARERS UK HE IS WIDELY ACCLAIMED AS THE LEADING AUTHORITY ON COMMUNITY CARE LAW AND CARERS RIGHTS. ENTER ON HIS WEBSITE “PROFESSOR LUKE CLEMENTS A TOP LONDON EXPERT ON COMMUNITY CARE LAW” OR ENTER ”COMMUNITY CARE LAW “ AND NATIONWIDECARERS MY WEBSITE IS AT THE TOP
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I have advised carers not to pay those unlawful charges when all their disabled adults benefits have been used up. Thousands have rightly not paid. Councils have done everything to compel you to pay including sending you threatening letters. No Community Care Lawyer would represent any Council in taking to court for the non payment of transport and respite care charges a disabled adult with a mental age of 6 months and a physical disability of over 99% and their carers who save the Government and Councils between £1500 and £3500 a week in Full Time Care. If they did the carer should immediately implement their right to use Full Time Care. If the Councils had given every disabled adult on income support a proper financial assessment on their ability to pay for services Community Care Law would not be breached. Community Care Lawyers know if anybody has a case for taking anybody to court it would be the carer for Councils breaching on three counts Community Care Law. They are!
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COUNT 1 Councils transport charges. Thousands of disabled adults on income support and their carers are being unlawfully charged this has cost them millions of pounds whenTHEIR TRANSPORT CHARGE SHOULD BE FREE. Councils do not give financial assessments on the disabled adults ability to pay it is a blanket charge they charge everybody who uses their services. Since the Fairer Charging Policy was intruduced in April 2003 The devil himself would not charge for transport a disabled adult in a wheelchair who is in receipt of a free public transport pass for themselves and a carer.
The CSDP Act states Local Authorities are empowered (but not oblidged) to charge for transport services. THEY MUST ASSESS THE DISABLED PERSON’S ABILITY TO PAY THEY DO NOT. Councils UNLAWFULLY fail to give a financial assessment on their ability to pay AS STATED BY THE ACT so they are acting unlawful. DLA mobility component of DLA is excluded by law for being taken into account for transport charges. See page 11 of the DH guidance. That leaves a disabled person’s basic benefit + income support on average £80 and the care component of DLA £73-60.= £153-60. £36-80 ILF charge 12 extra washes and drying due to incontinence £30.(£60 if they use launderette) £5 for dry cleaning £28 for day centre meals and drinks. (All Mobility allowance used for car) £15 petrol to run the car for them. £10 to replace one soiled garment per week £124 80 this leaves £28 – 80 to live on Those disabled cost up to £3500 a week in care) They have £28-80 to pay for the rent to live at home All their collosal bills all their collosal disability related expenditure. Pay for all their clothes and replacing bedding due to wear and tear and incontinence. To pay for all their food all their drinks share of electric and gas bills water rates house insurance council tax. Nobody out of the hundreds on my webside have had financial assessment on ability to pay so all councils are acting unlawful. most of those 50,000 are already out of pocket forced into poverty to the tune of over £50 a week just like they were when Mencap with my help got the fairer charging policy implemented in April 2003. THOSE TRANSPORT CHARGES TO THOSE 50,000 ARE UNLAWFUL (this can be easily checked) AND I WILL CONTINUE TO ADVICE THEM EITHER NOT TO PAY THOSE UNLAWFUL CHARGES OR TAKE UP THEIR RIGHT TO FULL TIME CARE GOOD FOR THE CARER BAD FOR THE COUNCILS. C C LAW HAS BEEN BREACHED ON COUNT 1 ALL DISABLED ADULTS IN RECEIPT OF INCOME SUPPORT MUST BE EXCEMPT FROM ALL COMMUNITY CARE CHARGES. I HAVE OVER 99% SUPPORT FROM CARERS. I WILL MEET ANYONE WHO CHALLENGES COUNCILS VIOLATION OF THE CSDP ACT ON COUNT 1
- Count 2. Restpite charges for Respite Care breach Community Care Law when you get £200 a week in benefits (including mobility all.) while their Full Time Care charge is £1500 to £3500 a week. Where does the £200 benefit go. £51 40 for a mobility car £15 a week for their petrol £36 – 80 contribution to Independent Living Fund due to incontinence 12 extra washes and pre washes at £2 a wash and 50p drying = £30. (£60 AT THE LAUNDERETTE) £10 a week to pay for replacing one soiled garment with urine or faeces £5 for dry cleaning. £28 charges to attend day centres for hotel priced meals drinks and transport ( some councils charge £10 ) =£176. A big hole out of their £200 benefits
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This Leaves the carer with £24 to pay for all their clothes, £20 reasonable rent £3 a day for their meals £21 ( not £4 -20p a meal some day centres charge ) £8 a week for drinks their contribution to council tax, water rates, house insurance, their colossal disability related expenditure. Leaving the carer miles out of pocket over £50 THEN THE COUNCILS WANT TO CHARGE THE DISABLED PERSON RESPITE CHARGES OF UP TO £100 A WEEK. DON’T PAY THOSE IDIOTIC CHARGES THE DISABLED ADULTS BENEFITS ARE MORE THAN ALL USED UP THEREFORE THE CHARGE IS UNLAWFUL AND MUST BE FREE. DON’T PAY USE FULL TIME CARE. GIVE THE COUNCIL YOUR DISABLED ADULTS £200 A WEEK BENEFITS AND MAKE THEM PROVIDE UP TO £2500 A WEEK IN FULL TIME CARE. Councils would be laughed out of court they could be accused of wasting police time. The would face Full Time Care. Face having to pay back transport and respite charges. Face possibly infringment of article 3 and article 8 of the disabled adults human rights. Every newspaper and television company would jump at the chance to report a disabled adult and their carer who have saved the councils over a million pounds being taken to court. I WILL MEET ANYONE WHO CHALLENGES COUNCILS HAVE BREACHED COMMMUNITY CARE LAW ON COUNT 2 -
COUNT 3. RESPITE TRANSPORT AND ANY OTHER COUNCIL CHARGES BREACH COMMUNITY CARE LAW WHEN THE DISABLED ADULTS BENEFITS HAVE BEEN USED UP AND THE COUNCIL COMPEL THE CARER TO PAY MILLIONS BEEN PAID UNLAWFULLY BY CARERS. COMMUNITY CARE LAW CLEARLY STATES THAT THE DISABLED ADULT MUST PAY ALL THE CHARGES NEVER THE CARER. WHEN THE CARER PAYS THE BILLS COMMUNITY CAR LAW IS BREACHED BY EVERY COUNCIL ON COUNT ONE TWO AND THREE. IF THE GOVERNMRENT AND THE COUNCILS DON’T WANT TO BE FLOODED WITH BILLION POUNDS OF FULL TIME CARE THEY MUST ALTER THE LAW SO THAT ANY DISABLED ADULT IN RECEIPT OF INCOME SUPPORT SHOULD BE EXCEMPT FROM ALL COMMUNITY CARE CHARGES THIS WILL COST MILLIONS BUT SAVE THE COUNTRY BILLIONS IN FULL TIME CARE WE STILL SAY ALL CARERS SHOULD RETIRE AT 60 AFTER 168 HOURS OF CARING THIS WILL COST THE GOVERNMENT UP TO 50 BILLION A YEAR. THAT FIGURE WILL GO UP AND UP TILL COUNCILS STOP TREATING CARERS LIKE SECOND CLASS CITIZENS COMMUNITY CARE LAW HAS BEEN BREACHED ON COUNT 3
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Any carer who comes into the above catagories who is threatened by the Council for non payment of those unlawful community charges for respite or transport will find Councils are in the wrong they are breaching Community Care Law not the carer for the reasons explained above. 95% 0f those who should not be paying are paying. Surely there must be one Council or goverment official who disputes this website and is prepared to debate it with the media. We seem to be supported by everyone except the Government and the Councils. I on your behalf combine 40 years of caring and knowledge of Community Care Law, with full understanding of carers and their great contributions in saving this country 119 billion pounds a year. We are supported by carers, top carer organisations, Community Care Lawyers and the public. Most of the Government and Council officials DON’T UNDERSTAND CARING BUT they do understand the 119 billion pounds carers save the country, that could soon become an endangered species. Over the last 10 years what services Councils have added to support disabled adults and their carers you could write on a postage stamp with still enough room to lick it, while the Council cuts over the last 10 years would fill a full page of A 4.
-This website has over 99% support from carers and I would like to thank the many carers who have replied that they have learned more in two hours of studying nationwide carers than they have learned from their Council and 20 to 30 years of caring and to know that someone does care about them. Councils love to hear Cut Backs but hate to hear Full Time Care.
When Councils make compulsory charges for transport and respite services when the disabled adults benefits are used up bringing the disabled adult into poverty bringing their income below the basic benefit + income support not only does the council breach Community Care Law they fail to meet the needs of the disabled adult this is not only a requirement of Community Care Law they could breach article 8 of the European Convention of Human Rights that states that Councils must show respect for a persons family and family life. Only three things in life are certain death, taxes and Council Community Care charges.
-The Government and the Councils have got to learn to earn the respect of carers to ensure they continue to look after their disabled adults at home out of poverty before the flood gates open as more and more use Full Time Care. Lets make the Council everytime they shut a Day Centre and shut a Respite Care Home open a Full Time Care Home for your disabled adult on income support that will cost billions. I would like to thank our Links, Mencap, Carers UK, Coalition of Charging Carers Scotland and Action for ME for their great support and especially Professor Luke Clements a top expert in Community Care Law who advises many of the top carer organisations including Mencap and Carers UK both linked to this website. ALL WOULD LIKE TO SEE DISABLED ADULTS IN RECEIPT OF INCOME SUPPORT BEING EXEMPT FROM ALL COUNCIL COMMUNITY CARE CHARGES TO INCLUDE TRANSPORT AND RESPITE CARE.
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NATIONWIDECARERS IS PUBLISHED AND EDITED BY GEORGE VALENTINE FROM ROTHERHAM
ACTIVIST ADVISOR AND CAMPAINER AGAINST ALL COUNCILS BREACHING COMMUNITY
CARE LAW. HE RECOMMENDS ALL CARERS TO RETIRE AT 60 WITH DIGNITY AFTER 168 HOURS A WEEK CARING