The Care Act 2014 campaigned for and approved by a plethora of newly created charities was lauded as much needed legislation to help the nation’s army of neglected, oppressed carers.
But all is smoke and mirrors; nothing is as it says on the tin.
As the Act is a tool to achieve, by smiling stealth the state’s real agenda to encage the old, disabled and vulnerable for profit.
Social care and the public purse are our new gold rush.
The Act provides each Local Authority is under a duty to assess carers.
Such assessments can be individual or as a family.
LAs already have a statutory duty to provide support for the disabled/old, but the Act does not put the LA under a duty to provide this support to a family carer.
So the act does not give carers any rights other than to be assessed.
So why call it a Care Act ?
And where was the carers charity voice in parliament when it was passed ?
Why one wonders was the Act drafted to put LAs under a duty to assess carers but did not then go on to provide the assessed support needed?
This omission reveals the real reason for Carers Assessments.
If it were to provide support to care within the family home a duty to do so would have been drafted into the Act.
Without this assessments are a waste of LA budgets in times of severe cut backs.
So why would parliament go to the trouble of creating a law to waste public money ?
So what is the real purpose of Carers Assessments ?.
They consist of psychological, physical, and medical evaluations, together with access to their medical records.
To assess, the effect of caring on ‘wellbeing’, as specifically and, extensively set out in the act,
on carers hobbies, self esteem, dignity, socialising, emotional health.
This is a huge state intervention into the privacy of a carer.
And without the carer’s consent, encouraged by the Act a breach of their right to privacy under Human Rights Act 1998.
So why would our parliament, encourage state intervention which breached human rights ?
LAs, will only consider providing, ‘support’, if the effect on the carers wellbeing is severe.
And even then, this provision is discretionary.
But if caring has a severe effect on the carer, this is evidence, they are unable to cope, and their disabled caree is at risk of neglect even abuse.
And such assessments can be used as evidence in the Court of Protection, or Care Courts that this is the case.
And even that a carer is mentally, ( they have 300 disorders to choose from ) or physically a risk to their disabled family member.
And, it is in the disabled/old’s ‘best interests’/ welfare, under the Mental Capacity Act/ Childrens Act to be removed to privately commissioned state care.
The only Adult support now provided.
Enabing £4,500 + per week to be paid to a private for profit providers.
Adult services’ social workers are now ‘care managers’ managing such ‘support’.
Which is processed and enforced through the Court of Protection.
A huge, profit making industry has been created and social workers are used only as assessors and court enforcers.
Deskilled ‘professional’ operatives.
If, a family assessment is undertaken, the mental, and physical needs of other family members, can also be used, as evidence of possible abuse of the disabled, and indeed the other family members.
ie the effect of caring for the disabled person, on any children, living in the household.
Because of the Human Rights Act, parliament, was forced to allow, a carer, the right to refuse, an assessment of themselves, or, their family.
But, the carer will often not be told this.
And, Carers Assessment Orders, are standard in Court of Protection, and, Care Courts.
The Care Act, also states, direct payments for support of the old/disabled, cannot be claimed, if the disabled person, is ‘incapable’, under the Mental Capacity Act.
If a person is over 18, and, the Local Authority have any doubts as to his mental capacity, ie if autistic or learning disabled, they will insist on a capacity assessment, before funding any services.
And he always fails.
So, now carers, are forced, to have support chosen by the LA.
No matter how inadequate, or, spying, to obtain evidence of abuse/neglect/unsafe home environment.
If, carers, do complain, an application for interim orders under the MCA, can be applied for by the LA, and used to, not only hold the carer to ransom, by threat of removal of their loved one, but can also be used, as an excuse to halt and avoid the LAs complaints process.
So workers, in your home, will be chosen, and controlled by the LA, whose only policy, is private residential care.
And, your daily private life, will be closely monitored by Social Services support agencies, and day centres.
Usually you will not be told of their ‘concerns’. The first you will know of them will often be in court documents applying to remove your loved one.
As it is an inquisitorial process they need not be proved.
The definition of ‘Capacity‘, under the Mental Capacity Act, is diluted, under the Carers Act.
To ‘difficulty making decisions’.
This makes it easier to then remove of their decisions from them by an order under the MCA by the Court of Protection.
And, practically makes it impossible, for a person to become involved in decision making.
Removing, an old/ disabled individual’s autonomy.
The ‘Care’ Act, conspires, to give the LA, even more power, to remove the disabled, theirs, and their carers autonomy, and, human rights.
And, to ensnare, and remove the disabled, and old, to private, secret care for private profit.
Safeguarding Boards etc, are set up by the Act, to investigate the abuse, and, neglect of the disabled.https://www.gov.uk/government/publications/care-act-2014-statutory-guidance-for-implementation
But, systemically, these, can only result, in an ever vigilant cabal, of GPs, social workers and support workers, looking only for abuse and neglect in the family home only.
These just give statutory weight to, the Multi Agency Safeguarding Hubs MASH, now secretly created, and activated, in most areas of the country, safeguarding children and vulnerable adults, but not within the care provisions commissioned by the state.
This will mean’ a yellow star’ maker on all records of carers, and cared for, and, encourage, a feeding frenzy, of concern for those cared for at home, and, increase the spying of social services/ agency workers.
Care Act now puts LA’s under the duty to safeguard adults but not in the state care they commission http://www.communitycare.co.uk/2014/03/03/care-act-2014-will-mean-safeguarding-legal-view/
But do nothing, to reveal the abuse, in the state’s own care provision, which is, , provided in secret, and, allows no whistle blowers.
The Care Act, rather than championing their cause,heralds the death of the family carer, and, the advent of state privatised, unaccountable care for profit.
Misery, for the old, and disabled, isolated, their lives controlled by the state.
Family members labelled neglectful abusers, and, cut out of their loved ones life, for ever.