If your needs change

Once you have support in place, hopefully the support is helping you achieve the things that you agreed with your social worker are important to you.

Everyone’s needs and circumstances change from time to time.

If there is a big change in your circumstances, it might mean you need more or less support, or support with different things.

Your social worker should usually do a formal review of your support at least once a year. Find out more in this article: Reviewing your support

 

If your needs change before you are due for a formal review

If your needs change a lot before your next review is due, you can ask your social worker for a review sooner.

It is important to keep in mind that because social work services are very stretched, you may still have to wait some time for a review once you ask for one.

A review might not be a straightforward process and it can take some time to be completed.

 

What if I want to change how much control and responsibility I have for organising my own support?

When support is first put in place, you can choose how much control and responsibility you want to have for arranging it.

You can choose from four Options depending on what is right for you and your circumstances.

You can find out more about these Options in this section: Your options for controlling your support

If your circumstances change, you might want to change the Option you use to organise your support. For example, you might not want to handle money directly any more. Or, you might want to take more control and responsibility for managing your support.

If you want to change the Option you use, you can ask your social worker for a review to look at different Options.

In some parts of Scotland, not every Option is always available. This might be because there are no care organisations locally that provide the type of support you need.

If this is the case, your social worker should still explain what the Options are and whether each one of them is available in your area.

Your social worker should still ask you how much control and responsibility you want to have in arranging your support.

Your social worker should work with you to enable you to have as close to the level of responsibility you want, as possible.

 

Next steps

You can get help from a local Independent Support Organisation if you want to change your support.

Find their contact details using the Find Help search tool.

Many people are able to change their support when their needs or circumstances change.

But we know that some common issues come up for people.

Here is what do to if any of these things happen to you.

 

I asked for a review of my support but I’ve been waiting a long time

Unfortunately, social work services are often very stretched, so you may wait a long time for a review.

There is no legal guideline for when a review has to take place after you ask for one.

When you request a review, your council should tell you how long the waiting time will be.

You can ask for help from an Independent Support Organisation who may be able to speak to the council on your behalf to try to speed up the process.

You can find your local Independent Support Organisation using the Find Help search tool.

 

I was told I cannot have a review until my next one is due

The law around social care says you can ask for a review of your needs if your circumstances have changed, at any time.

Unfortunately, this does not mean your council has to complete a review within a certain time.

It can be helpful to explain why you are asking for a review, and the impact on your life if your support is no longer meeting your needs.

It can be a good idea to speak to an Independent Support Organisation who can help you when it comes to changing your support.

You can find your local Independent Support Organisation using the Find Help search tool.

 

I was told I cannot change the Option I am using to organise my support

The law says you can ask to use a different Option to organise your support at any time.

Your council has a legal duty to tell you about the four Options for organising your support.

In some parts of Scotland, it can be difficult to use some of the Options because there is a lack of support services.

Even if this is the case, your social worker should still work with you to find out how much control and responsibility you want to have in arranging your support.

Your social worker should enable you to have as close to the level of responsibility you want, as possible.

The SDS Standards give guidance to local councils to tell them what they should do when it comes to arranging social care support (Self-directed Support).

These SDS Standards are not laws, but all councils have signed up to them. Councils should work to these standards.

When it comes to reviewing your support, the Standards say:

  • Regular reviews will make sure that you are able to achieve your outcomes (the things that are important to you).
  • This process involves reviewing your budget to ensure the amount, and the way it is being used, is enough to meet your outcomes.

You can find the full Standards here.

The law about social care support is called the Social Care (Self Directed Support) (Scotland) Act 2013.

 It says:

  • if your council becomes aware of a change in your circumstances (for example, you contact them to tell them your needs have changed), they have to offer you the chance to change the option you use to organise your support.

You can find the part of the law that talks about this here.

Part of
Last Updated
21 August 2024
First Published
23 March 2024
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Disclaimer

Please note that the information contained in this Handbook is provided for guidance purposes only. Every reasonable effort is made to make the information accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by Self Directed Support Scotland or any other contributing party.

The information does not, and is not intended to, amount to legal advice. You are strongly advised to obtain specific, personal and professional advice from a lawyer about employment law matters, or an accountant/ tax specialist about taxation matters, and from HMRC and your insurers. You should not rely solely on the information in this Handbook. Support organisations listed in this Handbook can help you find appropriate sources of advice.