In these difficult economic times, public finances are stretched and we are repeatedly told there is not enough money to go around. However, the law is clear that if you have eligible community care or NHS needs these must be met and it is not open to local authorities or the NHS to fail to meet those needs on the basis that their financial resources are limited. Over time, people’s needs change and the way they are supported by local authorities or the NHS needs to change too in order to meet any increase in needs. Unfortunately some people find that when their needs change, public bodies can be slow to acknowledge and react to the change or may even reduce the level of support that a person receives on an assertion that they no longer need as much support as they once did. It is not unlawful to reduce the support that a person receives however there are rules about how a public body arrives at that decision and if these have not been followed then the decision to reduce a care package (or the failure to increase one where needs have intensified) may be unlawful.
At MJC Law, we may be able to help:
- If the NHS or a local authority proposes to cut the level of support that is being provided to a person and there is no agreement about the level of the proposed reduction
- If the NHS or a local authority fails to reassess somebody’s needs where they have been told that there has been a change in circumstances which requires more support to be provided
The law is clear that cuts to packages of support can only be implemented if the decision to make the cut follows a full reassessment of the needs of the person and the reduced care package will still meet all of their eligible needs. If there is a dispute about the outcome of an assessment or no assessment of needs has been carried out before a care package is reduced, contact us without delay to see if we can help you.