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Local authorities have a legal responsibility to make sure your needs are met. This responsibility is the same whether they arrange services for you or you arrange them yourself using direct payments.
The local authority must give you enough information to help you sort out your care now that this responsibility is yours. And the amount of money must be enough to cover the extra things involved when making the arrangements yourself. This will include covering things that may go wrong or only happen occasionally.
By law, the local authority must give you a care plan, whether your support is provided in the form of services they arrange or direct payments. For information about what should be in your care plan, see “They’ve reassessed my needs and the local authority isn't offering enough help.”
If you are getting direct payments, then your care plan must also include a clear explanation of:
You can complain:
Think about the following points when deciding whether you have been offered enough money and support to meet your needs:
The main point is that your personal budget must be enough to pay for the help you need. If not, the local authority has effectively cut your care package without reassessing you. This is not allowed and you can make a complaint to your local authority.
This guide was updated for Scope by Advicenow in March 2015. It applies to England only.
It is not meant as a substitute for legal advice.
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