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Needs Assessment decision flawed?

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  • Needs Assessment decision flawed?

    24 year old autistic male. Does not work
    Lives with one of his parents.
    Parent diagnosed with ADHD
    24 year old had needs assessment presumably under the Care Act 2014
    Needs assessment resulted in no care package being put in place
    Reason: Parent could meet his needs.
    Review requested but refused
    Reason: Not necessary – decisionmaker –same person who carried out the needs assessment

    I suggested that the 24 year old would be entitled to instruct a solicitor, and would probably qualify for legal aid, aimed at challenging the decision(s).

    I have no experience of this aspect of the law, but it seems to me that when making a decision pursuant to a needs assessment, the decisionmaker must discount any care that might be available.

    The designer might be entitled to take any existing care into account when designing that care package.

    Any advice?
    Last edited by efpom; 13th September 2019, 19:23:PM.
    Tags: None

  • #2


    • #3
      Following the internal review request the assessed can request an independent review.
      If this is also declined, or the result is unacceptable, the final stage is a complaint to the LGO


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