Hi, I’m new here. I found the forum as I have a lot of concerns about how SDS is working for my son. In fact, I have just terminated the direct payment as his payments have reduced so much that the contributions he has been asked to make are higher than the cost of the support he receives!
I have had years of stress and fighting with the local authority. They always win. I am convinced that they are acting unlawfully in all sorts of ways in regard to the SDS. They have reclaimed thousands of pounds of unspent funds, with no attempt to establish why the funds weren’t spent and no opportunity given to me to spend the funds in alternative ways to help my son meet his planned outcomes. On more than one occasion they have simply taken the money without any notification whatsoever. There has never been any consultation at all, just letters to notify us of what they are doing. This is in blatant breach of the statutory guidance.
We have had years of overly restrictive financial monitoring. No chance of the ‘light touch’ prescribed by the statutory guidance. I have had social workers waving receipts for train fares of £9 at me, telling me I had no right to spend that and if I continued to spend the funds in that way then the direct payment would be terminated. This is despite the expenditure being incurred to meet my son’s agreed need for a social life.
The thing I want to know is what can be done about the unlawful actions of local authorities? From a quick glance at the topics on here, I am not alone. I have complained and had most of the points of the complaint upheld by the authority but nothing has changed. Has anyone approached an MSP for help? Has anyone taken a complaint as far as the Ombudsman?
I am not legally qualified but I do have a law degree so I can understand legislation and statutory guidance and I can see when it is being breached. The Council has told me that the advice that they have been given is that they are not acting unlawfully, so how can that stalemate be broken?
It seems that local authorities do not want anyone to have Option 1 and instead force people into what looks like Option 3, but expect the person to do the admin for payments to providers. I have asked my authority many times to explain the different options to me and highlight how what they gave me was Option 1. I have never received an answer.
I have been in dispute for a year My husband has a progressive neurological disorder We went on SDS in 2020 Following complaints to Care Commision re council carers were upheld Despitebmultiplevrequests he was not reviewed or reassessed until 2025 with no increase to his budget His condition has seriously deteriorated every year
The current problems began when they started the new assessment by staying the CAP (unlawful) and telling us that if his care needs exceeded the cap hen would need to go into care All unlawful
What a terrible situation they’ve put you in and all to save them money. It sounds extremely stressful on top of everything else you’re having to cope with.
My son’s care has been reduced to almost nothing over the years but his needs haven’t changed. He’s gone for 4 or more years at a time with no review. They acknowledge that he’s due a review but don’t know when they’ll be able to get round to it. It’s a national scandal and they’re getting away with it.
I hope you don’t have to go to court to get the right outcome for you and your husband, but in a way it would be good as it might wake up their ideas a bit and make them realise that they should be following the law and not just trying to save money.
I have spoken to many people who are having similar issues with the implementation of SDS in local authorities They continue to cite their own internal policies to force their point of view I have repeatedly shown that their actions are unlawful and quoted the act and guidance They simply ignore stall and reframe I am 73 and had a stroke last year in the midst of all the stress I was social work manager myself and am appalled at the attitudes I am encountering I was actually told by a SSW ‘you chose to care we didn’t force you ‘
I could talk about this for hours so much has happened It’s very difficult finding support to challenge this because the issue is so big and they have the power It’s a national scandal
I will post and let people know how it progresses Goid luck with yours and don’t give up
Best of luck to you too. You’re having a horrendous time. I’ve pretty much given up on getting anywhere with them. It’s certainly a scandal that they are openly flouting the law and rubbing our noses in it. What should have been a gateway to my son having a route to independence is now a closed door. They don’t seem to realise that it will cost them far more in the long run. When I go there will be no one to look after him. The human cost to people like my son and your husband is immeasurable. The bottom line is they don’t care.
I agree there has been a mass empathy bypass carried out in SW if the past 10 years All the talk of residential care in my husbands presence has left him anxious emotional and feeling unsafe I’ll never forgive them for that
They are not acting within the law and I think they need to be called to account for that I will do everything in my power to ensure that happens
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