Commissioned provider replaced by relative

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  • #286819
    barryb
    Participant

    Does it matter who provides the care, support or supervision? The reason I ask is because I have a case where a landlord is arguing they are providing managed accommodation because a tenant with leaning disabilities/complex needs was referred to one of their properties to facilitate commissioned support. However, at some point the commissioned support ended and is now being provided by the tenant’s mum. I had assumed that to qualify the supported needed to be provided by a professional but now i’m not so sure.

    #286822
    Peter Barker
    Keymaster

    The legal test is:

    “accommodation—

    (a) which is provided by a relevant body;
    (b) into which the claimant has been admitted in order to meet a need for care, support or supervision; and
    (c) where the claimant receives care, support or supervision.”

    On a literal interpretation, that is satisfied. The claimant was first admitted into the accommodation to meet a need for care, support or supervision; and he still receives care, support or supervision now, just not from the original care provider.

    It could be argued, however, that the definition implies that the CSS referred to in (b) is the same CSS the claimant is receiving now in (c), and living in the current accommodation in some way enhances or facilitates the provision of that CSS (eg by a team of staff who work with other clients at the same location).

    #286827
    barryb
    Participant

    Hi Peter

    Regarding your last paragraph I did have another landlord where the tenants were admitted to the accommodation to receive support from a particular care provider. However, they had the right to change the provider which some did. I ended up deciding to continue treating them as living in specified accommodation on the basis that the accommodation was still adapted, they were still disabled and they were still receiving professional care. It seemed the fairest way to interpret the regulation.

    However, I believe there have been other cases where it has been decided not to treat a landlord as providing specified accommodation because, for instance, the staff providing support were volunteers without any professional qualifications. That may or may not apply to the parent in this case, but in any case I wouldn’t want to tell a parent that they aren’t qualified to provide support for their child. I am thinking that maybe my decision should depend on what support the original carer was providing, why the commissioned support stopped and what care, support or supervison the parent is now providing?

    #286845
    Leonard Payne
    Participant

    Whereabouts in the Regs does it state that support needs to be provided by a ‘professional’?

    It seems to me that the regs state that care, support or supervision should be ‘provided’. If it is not being provided by or on behalf of the landlord. With regard to Peter’s final paragraph, I don’t agree there is an implication. Is the parent providing support? If its not on behalf of the Landlord then I guess its managed

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