Can an LA force direct payment budget holders to use a managed account?

That’s good news. There’s nothing wrong with pre-payment cards if that’s what a particular service user wants. But Perth and Kinross MAY NOT force them on people as a blanket policy. Social workers MUST (section 9 of 2013 Act) explain what a DP is to service users, but it seems this often does not happen, and indeed some social workers may not even understand what it is themselves. My social worker was a case in point, even though she is an excellent social worker in general.

Hi Josh could you advise me on this I’m actually moving my daughters direct payment from her account back to the allpay card today which was put in to prepaid card account in my name by sw and they knew at various meetings my reasons for direct payment was due to them holding my daughter’s needs back and not realising funds in time for agreed outcomes I when they asked why I moved the funds to a account of my choice the funds have not been touched due to the paperwork being wrong and also sent them back statements showing the funds in my daughters saving accounts they have not made this months payment into the alloay account either i will put the funds today back into their managed account which clearly means we aren’t in direct oayment but all emails correspondence states direct payment until I get all information to take this further we have a new sw so she clearly hasnt been informed on what was agreed due to them constantly failing

Thanks so much for all the information you have posted it’s helped me a lot

Hi Michelle

I will certainly have a think about the issues you raise and respond. I have to be a bit careful about giving ‘advice’, in case I give bad advice which you rely on and it all goes horribly wrong and then it’s my fault! I’ve gone a bit close to crossing that line once or twice so I need to be a bit more disciplined, no matter how annoyed I am about Local Authorities acting unlawfully and how much I want to help people fight. :slight_smile: However that doesn’t mean we can’t speak about the law and practice in general. I’ll get back to your posts as soon as I can, I’m a bit snowed under at the moment. Might take me a few days.

Josh

Hi John would I be able to ask your advice on any legal matters that may be of use or were to look for it I have received and email from sw disability regarding daughter’s sds n to say am gobsmacked at their blatant lies with regards to budget I have asked for all paperwork from original assessment and the many of us agreed proposed plans and incorrect documents I know they have again have went back to saying I cannot have funds in my chosen account (daughter’s for her SDS when I have emails stating this and they said it had to be paid to the allpay account from them then I could move also now stating I cannot book the respite break direct even though told me I could transfer to my own account to pay as the allpay card has a lot of blockages also same with daughters sensory equipment for bedroom and also agreed my daughter could be a emergency respite/pa which now saying they need permission from the head which again I also have many emails stating this was already agreed am honestly ready for telling them to ram this SDS especially when again for the third time all these referrals to places to support my child again haven’t been done even though been told last three years all these referrals in constant lies and backtracking

Thanks again for listening and any advice if a can show u the email would be great thanks I know Ur really busy x

M

Sure, sorry I have been snowed under for a couple of weeks. I think I have a bit of time tomorrow to have a look.

Hi Michelle

I have had a look at the five messages you have posted on the forum going back to 1st April last year. I noted the issues that you seem to be raising:

Issues:

  1. Them forcing you to use a managed account
  2. Restricting the things you can spend the money on, e.g. wheelchair restraint, short breaks, no respite
  3. Lack of clarity about what account you can hold the DP in
  4. Having to instruct the Social Worker to instruct the managed account service to pay for a service - i.e. you don’t get to control the money directly
  5. 3 years worth of unused DP funds accumulated for daughter
  6. Confusion over the accounting period. Does the year run from when the DP started, or 1st Jan, or what?
  7. Mistakes in the breakdown of the budget
  8. If funds are held in a managed account against a DP user’s will, is that a direct payment?
  9. Seemingly unable to actually use the direct payment due to lack of permission for individual spends, lack of clear agreement on outcomes, blocks on allpay card
  10. Inconsistent messaging from the local authority

Have I got that right?

What is your relationship like with the local authority? They don’t seem to be handing over any choice and control to you. Have they said why?

I’d be happy to look at the email you mention.