Leila suffered from mental and physical issues that required full time care. Unfortunately, before coming to us, she didn’t receive enough care from her local authority. We worked with her and her family to make sure she received the care she needed.
What Happened To Leila*?
We were approached by Farid* to help his mother, Leila, in securing appropriate care from her local social services. Leila has a brain injury and long-term diagnoses of epilepsy, psychosis and dementia, as well as a number of other chronic health conditions.
Leila’s physical and mental health conditions have impacted her ability to complete daily tasks. Her mobility is poor and she has problems with balance. She has a history of falls and needs supervision when walking using a walking stick.
Leila moved to the United Kingdom to be closer to her children, who are settled here. When she arrived in England, she moved in with her son and his partner.
Despite Leila’s significant mental and physical impairments, in May 2021, she was only receiving 22.5 hours of support and three night-sits per week. This was having an impact on Leila’s mental and physical well-being. Also, her family members were struggling under the strain of providing the additional support that Leila required.
Leila wasn’t receiving the care that she needed. This is despite her social worker telling her family that she was eligible for a fully funded package of care known as ‘Continuing Health Care Funding’.
How Did We Help?
Farid contacted our Public Law and Human Rights Team to see how he could get the support and care his mother needed from the local authority. Our solicitors worked alongside Leila and her family members to gain a better understanding of her needs.
We contacted the local authority on Leila’s behalf, requesting an immediate increase in her care provision. We successfully got an initial increase of four support hours per week (to a total of 26.5 hours weekly) and an additional night sit (to a total of four night sits weekly).
However, despite this increase, Leila’s care needs were still not being met. We told the local authority that we would be making an application to the Court of Protection. We requested that the court decide which care and placement options would be in Leila’s best interest.
The local authority disagreed and disputed that Leila may lack capacity to make decisions in respect of her residence and care. In May 2021, we instigated proceedings at the Court of Protection on Leila’s behalf.
What Was The Outcome?
After the first court hearing, the local authority agreed that a reassessment of Leila’s care and support needs should take place. The level of support should be revised based on any changes to her needs and presentation.
The reassessment acknowledged that Leila had considerable care needs which were not being met. The local authority increased Leila’s care package by almost double, to 45.5 hours per week, as well as seven-night sit-ins per week.
Although our client was grateful for an increase in care provision, we were conscious that it wasn’t enough to meet her complex needs and we continued to challenge the local authority to provide a full package of care. We continued to explain that our client needed more support.
In December 2022, following a further assessment of Leila’s needs, the local authority finally agreed to provide an appropriate care package. This included 102.5 hours per week of day support and 7 night sit-ins.
This care package acknowledges Leila’s cultural and social needs, as it involves funding for Leila’s family members to carry out her care and support. This is important to Leila as, due to her anxiety, mental health conditions and not speaking English, she can become distressed if support is provided by non-family members.
Leila’s needs are now taken care of. Not only is this enormously beneficial to Leila’s mental and physical well-being, but it also takes considerable strain off her family members.
*Please note that our client’s real names were not used in this case study.
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