Hello Mark
Thank you for this helpful reply.
While this forum has few peolpe, there are many others we have spoken to with this same problem.
Yes we need a strategy to make a progressive positive change from certain LA for them to re-aline their policy with regards to SDS to a-line with SDS legislation,
in particular the below:
“As set out in the section on funding and flexibility, the authority should take steps to ensure that the supported person can use their direct payment in any way, provided that the support purchased via the payment is in line with the assessment and support plan, meets the supported person’s needs and is within the criminal and civil law.”
Currently my LA SDS policy is not in line with section 3 of the above or below
Social Care (Self-directed Support) (Scotland) Act 2013: statutory guidance
“The arrangements should be flexible and inclusive. Flexible – in that authorities should not seek to create or re-impose barriers to choice and control.”
Its really very simple the solution. Allow the carer or disabled person to use their SDS flexibility without barriers so long as purchases via are in line with the assessment and support plan, meets the supported person’s needs and is within the criminal and civil law.
Sure to still provide receipts and an explanation as to how and why you feel it meets the outcomes of the plan and that is enough.
-
End the obstacles and inflexibility by ending having to have every single purchase preapproved to the penny.
-
End having the LA disapproving and prohibiting the purchases of spending that the carer can clearly communicate and/or put in writing how it conplies with the outcomes on the care plan.
Currently, families all across Scotland are unable to use their SDS in accordance to SDS legislation due to barriers and inflexibility by their LA.
This needs to change.
We were delighted to get our SDS for our disabled child but then when we had to have everything preapproved to the penny for every specific activity it meant our child could not do any other activities and by the time of a review she had moved onto another activity interest. Or the cost of the preapproved activity had risen in cost and we couldnt use the SDS anyway.
Or specific sensory toys or equipment needs come along unplanned so we couldn’t use it for them.
Or we were refused other purchases even at the preapproval stage even though they would meet our childs outcomes. This shouldnt be the case with SDS legislation.
If a family wish to use it for a short break this should also be allowed without prohibition or preapproval as per
Social Care (Self-directed Support) (Scotland) Act 2013: statutory guidance
" For instance:
a product which can help to meet the supported person’s needs;
a short break; "
SDS legislation does not stipulate purchases need to be preapproved by the LA nor can the LA decline purchases if the carer can show how it meets the cared for persons outcomes.
So after all these obstacles and inflexibility we ended up with an majority underspend and unable to largely use the SDS to meet the outcomes.
A review or reassessment does not solve the issue, it mearly recirculates the obstacles and inflexibility.