I apologise for being rather distracted lately, but I have a lot on my plate. I should be enjoying what remains of my life and celebrating the fact that I have lived over and above the median age of death for someone with Friedreich’s Ataxia, which is 35 years of age. I am currently 47-years-old.
Rather than squeezing the life out of the remaining time that I have on this planet, I am being beset with headaches and issues caused by Wrexham County Borough Council. There are many layers to my appeal and there is no doubt that WCBC are making me a target with their bullying tactics.
I have copied my complaint and appeal to the council below and you can make your own minds.
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Dear Sir / Madam,
I am lodging my complaint and appeal against the latest decision of the Wrexham CBC Direct Payments Department to refuse to make a waiver or all a reduced contribution in my case. I am unhappy about these 2 decisions for the following reasons:
1. The charge set is incorrect: I have been ordered to pay £100 per week contribution to my Direct Payments. This is in fact the maximum the council can charge me, or indeed any disabled person.
2. My current weekly contribution is £35.15.
3. Initially I was told that the contribution had gone up to £100 (the max) because I had failed to provide any financial details and paperwork last year. However I immediately responded and sent details of my recent current accounts. I expected that would enable two things to happen: (a) I would be considered for the “waiver” or (b) if not the waiver, then my assessed contribution would be reduced from £100 (the max) and re-aligned to take account of my actual funds and resources.
4. Having provided my full financial details I have at the minimum expected the Direct Payments Department to show their financial calculation so that I can understand both their workings and how they have reached their conclusion in my respect re both the waiver and the refusal to reduce my weekly contribution to my Direct Payments.
5. I have already requested by separate email that you send me, as a matter of urgency, the financial workings upon which this decision has been based. Without this I am in the dark and my appeal is severely restricted. As yet I have not received the financial working from the Officers Panel or the Direct Payments Department.
6. All the council’s efforts are focussed upon: (a) My financial details (b) clawing back money from me (c) increasing my contributions to my Direct Payments (d) Not cooperating with me to co-create a decent care and support plan that meets my wellbeing needs.
7. Two major issues about my care and wellbeing are not being met, whilst we have these spurious arguments over money, namely my garden and the internal door shutters:
8. My back garden, which should be a lovely retreat and a pleasant escape from the four walls of my house, is sadly a major health and safety risk to me and my staff and to visitors. I have had to draft this into my Care and Support Plan. But the Social Services Department has taken nil action to resolve this health and safety risk. Where is the support? I am formally asking the council now to act and to action the Care Plan in respect of rescaping my back garden.
9. For the past 3 months I have been at a health and safety risk, as have my staff and visitors due to the non-working of 3 sets of shutter doors; each designed to protect me and others in the case of fire. My request for fire doors / shutters is supported by the Occupational Therapist and a local Fire Safety Officer. But the Council has not undertaken the remedial work necessary to secure my health and safety in this case.
10. I am calling upon the Wrexham Adult Social Care Department to act with similar speed to the Direct Payments Department and to correctly assist in the drafting of my Care and Support Plan in a way that makes significant parts of my ongoing expenditure “assessed eligible needs”. As I am disabled I have to have bibs, straws, a “T bar” sleep system, bathroom bin liners and anti-bacterial handwash for example. These are essential for a person with my health issues.
11. I believe that there is very clear scope for including my expenditure within Direct Payments applying 6.2 of the Direct Payment Operational Policy and Terms:
12. “Use of Direct Payments
Direct Payments can be a “one off” payment for a specific event or item e.g. a short break, or “on-going” for needs over a short or long period of time. Individuals can have all or part of their needs met via Direct Payments or a mixed package of support.
Where eligible care and support needs, or support needs for carers, have been identified in a care and support plan, Direct Payments can be used to enable personal outcomes to be achieved. For example:
• Purchase services
• Employ staff direct
• Assistance with personal care
• Assistance with social interaction
• Short term breaks
• Permanent residential care
• Local council services
• Equipment
• Shared services in supported living/community setting
• Any other means to achieve personal outcomes identified in the care and support plan”.
13. Mediafields provide essential and ongoing computer updates and maintenance so that I can continue to run my business; self employed with a team of 10 PA’s (Personal Assistants). The computer is at the heart of all my communications with staff, contracts, holidays, wage slips, time sheets and sundry forms to keep up to date. This must fall within 6.2 of the Direct Payments Operational Policy and Terms.
14. Ditto the Argos Raising Desk. It has had to be an adjustable desk with so many different staff using the table to help me to draft emails, documents and communications. I also have health and safety obligations as an employer, which requires the very basic equipment that I have purchased. There is nothing frivolous or unnecessary.
15. I have not seen nor spoken to my social worker for months despite all the difficulties and issues I am having with the Direct Payments Department. My last email from my social worker was on 21-3-2024 and my last direct contact was long before Christmas 2023. This is unbalanced and unfair treatment at the hands of the various departments of Wrexham CBC. I feel I am not being served or supported well.
16. Whilst paying my weekly contribution of £35.15 per week I was made subject to a “clawback” of £33,000. It is illogical that the Direct Payments Department now demands that I increase my weekly contribution to £100 (the max) whilst continuing to “clawback” further thousands of pounds. This is an extremely harsh money saving exercise, without the slightest regard for my health and well-being.
17. To meet the Charge set would cause the service-user financial hardship: As a final point I simply cannot afford to pay the sum being demanded.
18. For these reasons I lodge my appeal and ask that you reconsider your decisions.
Nathan Lee Davies
