Learning disabilities access to day services

Summary

The requester asked for policies restricting learning disability day services for community home residents, eligibility criteria, and usage data over the last 3-4 years. Manx Care disclosed a 2020 decision to shift residential users to community-based activities rather than building-based services but stated that specific eligibility documents and requested statistical data were not held in an accessible format.

Key Facts

• A decision made in July 2020 determined that users in ALDS/Praxis residential services should not be offered traditional building-based day services.
• The shift to community-based support was intended to create spaces in traditional services, provide a building for Praxis day services, and eliminate double funding.
• Manx Care stated there is no defined document for 'eligibility criteria' or 'thresholds' as these are determined through individual assessments under the Social Services Act 2011.
• The authority cited Section 8(3) of the Freedom of Information Act 2015 to withhold specific data because it is not held in an accessible format for extraction.
• The response clarifies that the change was in how activities were delivered, not a withdrawal of the right to activities.

Data Disclosed

• 2024-11-26
• 2025-01-09
• 15 July 2020
• July 2020
• last 4 years
• last 3 years
• Social Services Act 2011
• Section 8(3)
• 4 pages
• 1 document

Exemptions Cited

• Freedom of Information Act 2015 Section 8(3) - Information not held in an accessible format

Original Request

Dear sirs Please provide the following information: Over the last 4 years please provide any copies of emails, policy or directive that restricts the access of those with learning disabilities to day services that reside in community homes. Please provide a copy of the criteria utilised in order to access day services for those with a learning disability including thresholds for services alongside the universal offer for each threshold Please provide data in relation to the number of individuals from a community home accessing day services (eg tall trees, greenfield park) over the last 3 years and how many individuals residing within a community home the service has been withdrawn from. Please provide the details of the meaningful activities or programme that has replaced this service for those in a community home. Kind regards

Data Tables (1)

Full Response Text

Manx Care Noble’s Hospital, Strang Braddan, Isle of Man IM4 4R (01624) 650 000 Our ref: 4280169 7 January 2025
Dear

We write further to your request, received 26 November 2024, which states: "Dear sirs
Please provide the following information:
Over the last 4 years please provide any copies of emails, policy or directive that restricts the access of those with learning disabilities to day services that reside in community homes.
Please provide a copy of the criteria utilised in order to access day services for those with a learning disability including thresholds for services alongside the universal offer for each threshold
Please provide data in relation to the number of individuals from a community home accessing day services (eg tall trees, greenfield park) over the last 3 years and how many individuals residing within a community home the service has been withdrawn from.
Please provide the details of the meaningful activities or programme that has replaced this service for those in a community home.
Kind regards" While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find some of the information that you have requested. The information is not held in an accessible format that Manx Care can easily extract the information and therefore under the Freedom of Information Act 2015 Section 8(3) is not required to do so. I have detailed below the information that is held. 1. Please see enclosed with this response:- i. Letter dated 15 July 2020 explaining the changes to service users and family members ii. Extract below from a Day Services Panel meeting, which took place in July 2020:- • Residential services accessing a traditional building based day services: all present agreed that service users currently living in ALDS/ Praxis residential services should not be offered a building based traditional day services but be offered a community based services and support for accessing activities should be provided by residential staff team. This would: • Create some urgently needed spaces in traditional building based day services • Provide a building for Praxis day services (service lost building during COVID 19 crisis management and no replacement offered) at Mooragh View Resource centre. • Eliminate double funding for support for residential service users The pressures and restrictions necessitated by the Covid-19 pandemic response hastened a review and decision that needed to be made on the day services offering at the time. This decision pre-dated Manx Care, with the reasoning being fairness, equity and meeting the needs of the cohort of service users. This decision has remained in place since the inception of Manx Care due to the need to ensure that all eligible service users have the benefit of enriching activities, as well as remaining within the allocated funding envelope.
2. There is no ‘eligibility criteria’ as a defined document to provide a copy of. Referrals to the Adult Learning Disability Social Work Team lead to assessment of a person’s care and support needs. The assessment considers a person’s eligibility for accessing services which are outlined in the Social Services Act 2011. The eligibility includes residency and financial assessment. Care and support needs that are determined as eligible needs, will result in onward referrals to Services (for example, Community Homes, Day Services, Supported Living, Supported Employment etc).
If a person’s needs can be met by Manx Care directly-delivered services, Adult Learning Disability Services will then undertake assessments. Assessments involve ALDS staff observing the person in relevant settings, reviewing care and support records and discussing the person’s needs with parents, carers and other relevant parties to determine whether a suitable placement is available. The term ‘thresholds’ does not accurately apply in these circumstances, as there a number of variables to be considered when assessing whether Manx Care can meet someone’s care and support needs, alongside considerations such as compatibility with existing residents.
Where Manx Care cannot meet the person’s needs directly, services will be commissioned.
3. Residential service users have a right to activities, not necessarily activities that take place in building-based day services. The change related to how activities were delivered in the community for residential service users, rather than a service being withdrawn. Data in relation to individuals who reside/d in a community home over the last 3 years and how many of these individuals are no longer accessing building-based day services is not held by Manx Care in a format that could be readily extracted, it would require analysis and compilation of a number of service user records held. Manx Care is not required under section 8(3) of the Freedom of Information Act 2015 to do this.

1. Meaningful activities typically involve 1:1 time with a support worker and / or time spent participating in a range of community activities with staffing support. Each activity for each service user is subject to the individual’s care plan, any risk assessments, best interests and the preferences and wishes of each individual. Activities are encouraged and facilitated in a way that encourages autonomy, wellbeing, a sense of independence, dignity and positive risk taking balanced with care, support and safety.

This aligns with the Minimum Standards applicable under the Regulation of Care Act 2013. Standard 2.15 on Daily Living stipulates that:- 2.15 Opportunities for appropriate activities are provided. Equipment for activities is available, for example board games, computers, books and music etc. An activities programme planned around the people who live in the home makes provision for a minimum of three accessible and stimulating activity sessions per week are contained in the programme.

Please quote the reference number 4280169 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours faithfully