I would like a copy of the Local Authority Policy that states that if a person receives Local Authority respite monies that is being used for a holiday that has been agreed and fully supported by the Local Authority and documented on their Care Plan for the use and the said policy states that if the Local Authority deemed that they the Local Authority were acting recklessly by funding an activity that would be detrimental to the recipients health and that a disclaimer may or may not be needed to be signed to protect the Local Authority against criticism or costs.
We have interpreted your request to refer to the council’s Direct Payments Policy.
The relevant sections are :
4.19 We will make clear in writing both within the Care and Support Plan and correspondence exactly what outcomes your direct payment is intended to achieve. The choice you have when utilising your direct payment is about which provider you engage and what type of service you decide to purchase, not what outcomes you seek to achieve when meeting your care and support needs.
4.20 You will be required to spend your direct payment on achieving the outcomes set out in your Care and Support Plan. The direct payment is not to be used for anything other than meeting your eligible care and support needs.
4.21 DCC will monitor the use of the direct payment moneys either via the Devon Card system or via reasonable request for information about what the direct payment has been spent on. If concerns arise that the funds have not been spent on meeting the needs outlined in your Care and Support Plan, we will trigger a review as set out below. Such a review may ultimately lead to your direct payment being stopped and a commissioned service being offered in its place. We may also seek reimbursement of funds spent where we consider that these have not been used to meet the prescribed agreed outcomes.
What criteria would a Mental Health Capacity be undertaken and how does that procedure work- who would undertake it and if the recipient/families would be informed of such a test knowing that the person concerned had full Mental Capacity and a Team Manager nurse/Local Authority went against Dr and a Senior Tissue viability confirmation of the facts and instructed the said Team Manager Nurse to do the Test.
The response to this question is contained in the Multi Agency Mental Capacity Act Policy
with further guidance on the Safeguarding Adults Board web page.