Nigel Chambers- Logic- withholding day care and respite

The request was refused by Department of Health (Northern Ireland).

Dear Department of Health (Northern Ireland),

1.I quote Nigel Chambers, Head of LD team at DOH, letter Date: 15 July 2022
Your Ref: STOF-0026-2022

"The learning disabled remain (July 2022) subject to infection prevention and control (IPC) guidance to minimise the risks associated with Covid-19 and respiratory illness."

Why exactly are the learning Disabled subject to this IPC guidance and not any other part of NI society at present eg schools, cafes, clubs, football pitches.
b) Under whose "say so" , who has the last say in this decison?

2.
He writes:"Beds in care homes, which have been subject to tightly defined admissions criteria and enhanced mitigations to minimise the spread of Covid-19. "

Why have they been subject to this "tightly defined" admission when the rest of the NI population are not?

Who (name) decided this?

3. Why did The DOH, (knowing how the Learning disabled community wanted their day care and respite back to full capacity), commission the PHA to

" undertake a review of IPC guidelines and their implementation in learning disability services. "

Why did the DOH not simply eliminate or greatly reduce the IPC guidance *themselves* to meet the rest of the population in NI?

b) why involve the PHA?

c)who decided to commission this to the PHA?

d) who within PHA took this review on, (person or people) and who signed it off who has ultimate responsibility for it?

4. He writes:
"Due to limited capacity in adult day care, services have been prioritised for those living in the family home to minimise the risk of placement breakdown. "

a) Why is there limited capacity when the rest of NI are operating at full capacity, schools, work offices etc

b) what exactly does Mr Chambers mean by "placement breakdown"

5.In relation to the PHA's review and the guidance that exists at present (Aug 10th 2022), which is the NI Body which is stating this guidance must be met: is it the DOH or the PHA?

b) the guidance - is it obligatory or optional?

c)Can Trusts choose to ignore it of they want to?

d) when does DOH plan to review this again?

e), are the DOH cognizent that it is unlawful to do this under the Disability Discrimination act 1995 ( targeting the LD to be eliminated from servcies due to their disability whilst allowing the rest of population access to services under different covid guidance. )

6.Is the DOH saving money in this exploitation of the disabled and hence why their logic fails to make sense?

(Giving familes a fraction of thei respite entitled "short breaks" saves each trust huge amounts of money that the familes never see, despite their assessed need.)

7. For day care , the "LIMITED SPACES" - AND PRIORITIZING THOSE FROM "FAMILY HOMES" a)how long does the DOH/PHA intend to limit spaces at day care? (it appears forever?)

b) why does the DOH/ PHA think those from family homes need day care more than someone in a care home?

c) If those in care homes get less individual attention, then wouldn't they need day care more? (is this based on the servcie uers need, or broad guidance)?

d) if there are limited spaces for day care, who deicdes who gets a place and who doesnt , based on what criteria?

e) why are spaces not *shared*- why take away someone's FULL QUOTA OF DAY day care?

f)Re taking people from day care who live in care homes-
is there guidance in place to check the specific needs of each LD adult before taking day care from them eg mental health issues, autism, need for stimulation?

g) and are DOH/ PHA saying those of the LD who live in care homes must PERMANENTLY lose their place at day care , to give it to someone living with their parents? Forever?

h)If not forever, until when?

i) and based on what guidance?

j)from where and from whom exactly?

8.He writes:
"Trusts are currently identifying placement in day opportunities for this cohort of service users to ensure that they have a meaningful range of day activities aligned to their assessed needs. "

What exactly does that mean?, does that mean Trusts are looking for activities in the care home settling, people to come in and provide activites? , or "alternative locations in the community for day care" or are they simply going to place these service users back with their friends *where they belong?*

9.Has DOH/PHA outlined to each Trust that in taking away daycare from a service user who has had it for potentially decades and needs it *as an assessed need*, the family and multi disciplinary teams should be notified under a best interests meeting?

(Mental health capacity act 2016)
In not doing so each Trust is acting unlawfully ?- does the DOH know this, that they too are legally liable?

b) has DOH /PHA an understanding that withholding day care from service users is a violation of their feedom of liberty, articles of human rights 3,5 and 8 and :

Article 19 of the Convention on the Rights of Persons with Disabilities recognises the equal right of all persons with disabilities to live independently and be included in the community, with the freedom to choose and control their lives.

Yours faithfully,

Joan Corrigan

DoH FOI, Department of Health (Northern Ireland)

Joan,

 

Thank you for your email.

 

We don’t believe your request is within the scope of FOI legislation.

 

Therefore, your email has been passed to the relevant business area for
their consideration.

 

Regards,

 

Joyce

 

Joyce McGrattan

Information Management Branch

Department of Health (NI)

 

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