Tel: 0330 043 5423
As a professional deputy, you will be familiar with the standards set by the Office of the Public Guardian (OPG). The standards not only provide a checklist for the OPG to support and supervise professional deputies, they also ensure that people’s best interests are served. There are five standards:
The role of a professional deputy is wide ranging and covers the person’s health and welfare as well as their financial circumstances. The responsibilities of a professional deputy overlap with the skills and expertise of a Social Worker somewhat, and there are some responsibilities of a professional deputy that fall within our expertise. As an independent Social Work company, we can be instructed to assist you in your role and undertake professional assessments and reports in the following areas.
Where a person’s care is commissioned by a local authority, it should be based upon an assessment of need and their care plan reviewed regularly (at least annually or when the person’s care and support needs change significantly). However, this does not always happen as often as it should leaving some people with insufficient, or more care than they require. Where a person pays for their own care, there is often no-one to review their care plan, or no care plan at all. This often results in insufficient or more care than they require. If it is the former, the person may be at risk of harm. If it is the latter, they may be spending more on their care and support than they need to.
We can assist you in ensuring that care assessments are undertaken, and care plans are regularly reviewed. We can write care plans and ensure that those providing the care are aware of them and the type of care and support the person requires.
Professional deputies must act in the person’s best interests where the person lacks the mental capacity in relation to specific decisions. Within the scope of a professional deputy’s role, this may be in relation to care, finances, accommodation (including moving house, or into a care or nursing home) or deprivation of liberty.
We can be instructed to assess mental capacity in relation to any decision and make best interests determinations. We can be instructed to assess a persons testamentary capacity if you are considering a statutory will.
Our directors, Gary Crisp and Neil Courtney are both qualified Best Interests Assessors and can support you in relation to the Deprivation of Liberty Safeguards (for people accommodated in care homes, nursing homes and hospitals) and deprivation of liberty orders for people living outside of those types of accommodation. We can assist you by reviewing the arrangements that amount to a deprivation of liberty and report on whether we agree that the criteria for a deprivation of liberty are met. We can also liaise with care providers if arrangements that may amount to a deprivation of liberty have no authorisation in place and may require one.
Our expertise also includes funding other than that which is provided by local authorities and the person themselves. Typically, this includes CHC funding and funding provided under section 117 of the MHA. Often the two types of funding are used together and we are aware of some of the errors that are made in relation to CHC and section 117 funding.
We can be instructed to review CHC checklists and Decision Support Tools. Both are tools used by CHC assessors to recommend whether a person is eligible for CHC funding. Sometimes errors are made within the tools, or the wrong conclusion is reached by the CHC assessors. CHC funding is often a contentious matter because, unlike funding from the local authority, it is not means tested and the person does not make a contribution towards their health or social care. This can, in some cases amount to the total cost of their care which can cost more than £1000 per week.
As you can see, there are several ways in which we can assist you as a professional deputy. All of the above are matters that we deal with regularly, both in the context of professional deputies and elsewhere. If we can assist, please do not hesitate to phone us on 0330 0435423 or email hello@simplysocialwork.co.uk.
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