Back to top"DIRECTIONS" Issue 15 WINTER 2001
We are pleased to welcome Lindsey Fowler to the Rowan Organisation as Assistant Director. This is a new post and we anticipate that the organisation will benefit considerably. Lindsey brings with her much relevant experience from her previous role at FCH Housing and Care, Community Support Services.
We bade farewell to Lizzie Gardiner at our Milton Keynes Office and thank her for the excellent work she has done there. In her place we would like to welcome Lisa Hatch, who joins us from Rathbone’s, where she taught social and life skills to teenagers. Prior to this, Lisa worked for SCOPE.
Congratulations are in order for Heather Darby who, in addition to her existing part-time ILA role, has recently been appointed Independent Living Advisor with responsibility for providing support to the Children & Families Direct Payments Scheme in Staffordshire. This now makes Heather a full-time employee with the Rowan.
Finally, we welcome Les Sutton who joins the Atherstone Resource team for 80 days as part of his M.A.Dip S/W post-graduate studies.
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The Rowan Organisation has recently celebrated it’s 25th Anniversary with an informal gathering at each of it’s two Day Centres at Atherstone and Leamington Spa.
The Rowan Centre was established in 1976 and funded by Warwickshire Social Services to provide disability-related information. It originally worked out of a small wooden hut in Station Street, Atherstone. In 1983 it transferred to the old Primary School at North Street where the Day Centre was launched. In the same year it became a Trust and subsequently a company limited by guarantee. Within a few years, the Resource Service was set up to provide disabled people with access to information and support covering many issues, including housing, education, benefits, mobility and employment.
In 1997, the Community Care (Direct Payments) Act 1996 was implemented and enabled local authorities to make cash payments to disabled people in lieu of care services. The Rowan Organisation was selected by Warwickshire Social Services to provide support for the Direct Payments Scheme. Also at around this time, a second Day Service was established in Leamington Spa, again on a site that was originally a primary and junior school.
The implementation of Direct Payments Schemes by local authorities has led to a dramatic increase in the size and geographic scope of the Rowan Organisation. It now provides an Independent Living Advice service for these schemes in Staffordshire, Cambridgeshire, Lancashire, Blackburn with Darwen and Milton Keynes, as well as throughout North Warwickshire. This service is recognised as being rather unique in that it’s core philosophy, and indeed that of the organisation as a whole is centred around the social model of disability.
The celebrations were attended by local representatives, past and present service users and staff. A buffet lunch was provided at each of the Day Centres and a commemorative badge, in the form of the rowan tree has been designed and is available to all the members and current service users.
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DIRECT PAYMENTS SCHEMES - INTRODUCTION
Since 1997 The Community Care (Direct Payments) Act 1996 has enabled local authorities to make cash payments to service users in lieu of receiving home care services. Although a person still needs to be assessed as needing support by Social Services, the Direct Payments Scheme is thought of as being able to offer the service user a far greater degree of independence and flexibility than is otherwise available through the use of care agencies.
Since it’s introduction, the scheme has been available through a number of local authorities. In April 2002, Direct Payments Schemes become mandatory and therefore, all local authorities must offer this scheme as an option. The Rowan Organisation is currently under contract to provide support for service users in Cambridgeshire, Milton Keynes, Lancashire, Staffordshire, Blackburn with Darwen and North Warwickshire.
Some people may find the idea of becoming an employer and recruiting their own personal assistants quite daunting. After all, this role comes with both legal and administrative responsibilities. However, it seems that for many, the benefits of the scheme outweigh any initial concerns. It is probably true to say that some people might prefer the Care Agency route and this remains a valid and workable solution for many. For others who find the care approach too rigid and inflexible, the opportunity to determine their own support requirements and degree of independence can be partly or wholly met by the Direct Payments Scheme. There are yet other people, who through lack of information or perhaps a reluctance to explore something new, feel unable to make an informed decision.
Part of the Rowan Organisation’s role is to provide information, answers to questions and to discuss the opportunities that exist to suit the individual’s circumstances. As with most new opportunities, all of the elements need to be understood before an individual will feel comfortable in their own mind and that the most appropriate package for them has been drawn together. The Rowan Organisation provides support through the entire process and beyond.
Perhaps one of the best ways to gain a good understanding of the differences that Direct Payments can make in a person’s life is to hear the views of people who have already gone down that route. The following experiences have been provided by service users who have done this.
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DIRECT PAYMENTS SCHEMES - SERVICE USER EXPERIENCES
The following contribution is from Jeanette who comes from North Warwickshire . . . . .
“Hi, I would like to tell you my story and how Direct Payments have changed my life.
I was receiving some home care for my personal needs. As I was under 50 at the time and not classed as priority, I was allotted two half hour slots per week. This was for help having a bath. Because my youngest daughter still lived at home the rest of my requirements were left for the family to provide.
Fortunately for me, one of my daughters told me about the Rowan Organisation and Freda Cheshire came out to see me. At around the same time a friend of the family who was also a social worker commented that they thought I was heading for a nervous breakdown and couldn’t believe that I didn’t have a Social Worker. I told him that I “was in the computer” and had been for two years. He managed to get in touch with a Social Worker in my area and arranged a meeting. That meeting was the beginning for me. We discussed something called Direct Payments and it seemed complicated at first. I was then introduced to the Resource team at the Rowan. After a meeting with Ian Nicklin I felt it could be the answer to my problems and I could be in control of my life again.
After being assessed in 1998 I was given nine hours to meet my needs. This meant that I could employ someone to come and get me up when I wanted to get up, instead of being on a list and often being left until last (sometimes being left in bed until 11.00 am) and never knowing who was coming in and whether they would know how to lift and handle me.
Direct Payments have given me back my independence. Most of my hours are used for personal care, but I also now have the freedom to use some hours for going out shopping for food or clothes etc., or if I need to go for a hospital appointment. Having a Personal Assistant has enabled this.
At first it was hard to find someone who wanted to come out every morning just for an hour, but I was fortunate to find a retired lady who could drive and who wanted to work for just a few hours a week. It can seem a bit scary when you first you first look into Direct Payments because timesheets need to be kept and income tax has to be stopped, but this service can be done by the Rowan team. Actually, I do my own accounts because it keeps my brain alive ! but the help is there if I need it and I only have to make a phone call and Ian will come out to see me.
I’ve recently been re-assessed as needing a further seven hours assistance and so I will be looking to recruit another Personal Assistant shortly. I would recommend Direct Payments to anyone who wants to be back in control of their own life”.
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Hello, my name is Pauline and I live in Cambridgeshire. This time last year my life was as dark and gloomy as the weather. As a divorced parent of two teenage boys, my greatest achievement was getting through the day, and socialising with friends was a distant memory. Then I had four wonderful women come into my life and completely transform it. Theresa from social services was the first and she introduced me to direct payments.
My initial response was “I couldn’t possibly do that ! ” . . . just the mention of Inland Revenue, taxes, national insurance and the words employer and employee seemed overwhelming at first.
That’s when I met Verity from the Rowan Organisation. Verity helped me to see that it wasn’t as scary as it appeared and guided me through from the beginning. With her help I was able to prepare a job description and contract of employment . . . well actually I told Verity what I was looking for and she did the rest! All credit to Verity for making the whole process extremely straightforward!
That leads me to Carol my personal assistant and a real gem. This is where direct payments really shines, because it not only gives me the help I desperately need, but the independence to employ Carol in a way I can gain the most from her. I no longer have to wait on friends or my sons to do the most basic of things like shopping; this usually meant I had to wait for people to finish work, making me feel even more dependent on others and a total nuisance. My home is no longer a war zone! as Carol keeps it clean and tidy, so the frustration of not being able to do it myself is no longer with me. I am able to be specific about what needs doing, therefore I still feel in control of my surroundings.
I am eating better than I have done for a very long time; in fact I have just sat down to the best Sunday roast with all the trimmings! Thanks to Carol, she also always prepares my lunch and helps me with any preparations I may need for the evening meal. I could fill pages with all the benefits this option has given my family and I. In the long term that can only be an asset to my health.
And then of course there is Debbie from the Rowan Organisation who supplies the salary service. Debbie does all the hard work; all I have to do is pay Carol from the bank account I set up specially for the direct payments.
It may seem daunting at first; however, thanks to all the wonderful support once everything is in place it really does look after itself. I celebrated my 40th birthday this year, and the saying “life begins at 40” really is relevant to me as now my life has sunshine back in it and I am able to use what’s left of me for the “good stuff!”
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LJS from Warwickshire has sent in his story . . .
I have been using direct payments for about four years now. Prior to using direct payments I received all of my personal support from my wife, family and friends. However, as my condition deteriorated and after a short stay in hospital I was referred to social services to receive a community care assessment. The outcome of this assessment was that my wife and I would benefit from having services; the social worker suggested that I use their in-house domiciliary services. This however was not very flexible and meant having strangers come into our home. We expressed our concerns to our social worker, who suggested that we might like to try a new scheme which paid monies to me to enable me to purchase my care direct - i.e. direct payments.
This seemed like a good idea, as I had previously employed people to support me at university through a similar scheme (Disabled Students Allowance) that had worked well for me. One of the downsides to using direct payments is the time it takes in setting up the scheme. Also one of the hardest and perhaps most time consuming is the finding of people willing to work for you. It’s best however, if you have an idea prior to applying for direct payments. Although, even when people have been identified prior to application, as I had, the scheme still took a little while to set up. With hindsight, I perhaps should have enlisted the help of the local disability support organisation. At times I felt that Social Services thought that I would give in to in-house services. This I never did and the benefits of not giving in are incalculable as it is hard to put a price on independence, choice and control over my own life.
Since using direct payments I have been able to start another course at university, my wife has regained her independence and most importantly her role as wife rather than carer. I look back on what our situation was like before and what we accepted as the norm and how we soldiered on. I also look back and think what state our relationship would have been in now if we had carried on without any formal support.
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The three articles above give a good insight into the difference that Direct Payments have made to some people. The key benefit of this scheme is that it really can enable someone to achieve a far greater degree of independence through being more in control and by taking advantage of the flexibility and choice that the scheme offers. We would like to thank our three contributors and look forward to receiving similar articles from service users for future issues of this Newsletter.
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CRIMINAL RECORD CHECKS - LATEST
In the Summer 2001 issue of this Newsletter, we highlighted the fact that disabled people who employ their own P.A.’s are excluded from using the Disclosure Service, managed by the Criminal Records Bureau. In the intervening months, we have been in regular contact with the Home Office and responded with what we believe to be valid arguments and a solution for allowing disabled people to make checks on who they are considering employing.
The issue has at least been discussed between various government departments and is being coordinated by the Action Against Crime and Disorder Unit. The main issue with current legislation (Rehabilitation of Offenders Act) is that it does not entitle ‘an individual’ to ask details of a person’s previous convictions, whereas a ‘business’ can. Although the arguments are relatively complex, we believe that we have offered a strong case for re-interpretation or amendment of some kind.
At the time of writing, we are waiting to hear from John Denham, Home Office Minister, for a statement of progress and way forward. Whilst this issue is being resolved, the Rowan intends to register with the Disclosure Service as an ‘umbrella’ organisation.
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When the Carers and Disabled Children’s Act 2000 became law in April this year it enabled local authorities to extend the Direct Payments Scheme to 16 and 17 year old young adults. This move has been widely welcomed and some Social Services Departments (notably Staffordshire) have been gearing up to implement the scheme.
In the same way as for the adult scheme, the young adults will need to register as an Employer with the Inland Revenue in order to employ Personal Assistants. Part of the requirement under law states that an employer must take out an Employers Liability Insurance Policy in order to protect against risk.
However, upon making enquiries to a number of Insurance Companies we have been told that they (and their Underwriters) are unable to offer the policy to 16 or 17 year old young adults. Various reasons have been given, including clauses contained in the Protection of Minors Act and the Credit Act. The Rowan Organisation decided to investigate this further and contacted the International Underwriters Association, the Department of Health, the Association of British Insurers and the government department responsible for Employers Liability Insurance legislation.
To cut a long story short, it seems that at least two pieces of legislation conflict with each other and arguments can be made for and against whether the insurance can be offered to young adults. It may be that the Courts have to make a ruling.
We have collated all of the information available to us on this issue and circulated it to all interested parties in the hope that it can be resolved quickly. Apparently, an MP is to raise the issue in the House of Commons.
We believe that in the majority of circumstances, a 16 or 17 year old young adult should be able to take out Employers Liability Insurance in their own name if that is their wish. The alternative solution would require the parent or other agency to do this on their behalf. Such a solution goes against the ideology and spirit of the Direct Payments legislation. We await the solution with great anticipation.
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Recently, questions have been raised about the use of the Personal Assistant’s car in the course of carrying out their duties. The following article is intended to clarify the situation.
First of all it should be made explicit from the outset whether or not the Personal Assistant is required to use their own vehicle to carry out some of the tasks of the employment. This would normally be contained within the job description and certainly referred to as part of the Contract of Employment.
If it’s clear that the P.A. will be required to use his/her vehicle as part of their employment duties e.g. driving the service user to the shops or to an appointment, the P.A. must have Class 1 Business Use explicitly stated within their Car Insurance Policy. The policy document should always be checked by the service user at the start of employment. It is the responsibility of the P.A. to check and arrange this, as well as to pay any additional premium that is requested by the insurance company.
Many car insurance companies already contain Class 1 business use within the standard policy. Others may charge extra to include this form of cover. The cost of this additional cover can vary from £25 up to around £100 per year, which is clearly prohibitive for the P.A. In these circumstances it is recommended that the P.A. informs their current insurer that they intend to seek quotations from other companies. As this is a highly competitive market, it’s possible that the existing insurer may waive the additional fee, or at least keep it to an absolute minimum. Should this not be possible, it is recommended that the P.A. considers swapping to a different insurer to achieve a better price.
The possibility of business use cover premiums being funded from a Direct Payment has been explored. The arguments for such a payment have, for the time being, been out-weighed by the practicalities of being able to make an award. There may also be other arguments against doing e.g. such a facility could be seen as setting a precedent that opened the floodgates to similar claims / entitlements in other employer/employee relationships.
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Early on this year, a local service user mentioned how frustrated he had become because he could not go fishing for carp in the nearby country park because there were no suitable pegs for wheelchair users. He had been trying for a number of years to get the Kingsbury Water Park Manager to take the matter up, but without success.
The Information Officer at the Rowan Organisation made some enquiries and entered into dialogue with the County Council, also highlighting the requirements under the Disability Discrimination Act (2004 provisions). After a series of discussions, and following recovery from the effects of the Foot and Mouth epidemic, Mark Wilkinson, Country Parks Manager, North Warwickshire was delighted to inform us in November that two specially designed pegs and ramps will be erected at the Carp Pool before March 2002.
We would like to thank him for listening and deciding to undertake the development so quickly.
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