Hello Sheila,

Can you let me know whether the daughter of one of our service user cannot allow the Dom Care Manager to visit her home to re assess the care plan and risk management? One of our carers had raise some concerns. How and what actions can I follow? Please advise.

Answered by Sheila Scott

Dear Christine,

This is of course a difficult question but you do have some responsibilities to make sure that the service user is receiving the appropriate care.

My first question is who your contract is with?

If it is with your local authority then you should contact the care manager and discuss this issue with them and they will have to take action.

If it is a private client there are a number of questions:

Does the service user have mental capacity?

Who is your contract with?

Is it the service user or the daughter?

What does the contract say about re assessments?

I ask these questions because if the service user has mental capacity and has signed the contract then it is her decision as to whether or not to have the assessment.

The big question is of course what the contract says.

I am presuming that the concern is that the service user is not getting enough care.

If this is a serious concern then you should consult your own solicitor about the contract and having done that send a formal letter agreed with the solicitor setting out your concerns and what you will have to do if the reassessment is not allowed.

I am sorry that I cannot be more helpful than this but this is a serious issue and you must take action to protect yourself and your business as well as the service user.

You should of course record in detail exactly what is happening and undertake any necessary risk assessments including the outcome.

Best wishes.

Sheila