L Series - Personalisation Freedom of Information Requests
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CouncilURL of requestPlease could you provide me with copies of any policy documents
or protocols relating to making direct payments to third parties on
behalf of people who lack mental capacity.
Please could you also supply any policy documents or protocols,
if such exist, relating to any safeguarding issues arising from
personalisation
Please could you provide me with yearly data on the overall number of people (to date) who have received direct payments in lieu of, or in addition to, community care services. Information on how RAS's convert assessments into cash entitlements. Yearly data on the number of any legal challenges that the local authority may have been subject to relating to inadequacy of amount awarded as a personal budget. Includes pre-action letters as well as cases reaching trial.Policies in relation to CRB checks where the service user lacks mental capacity to consent to, or manage, a direct paymentStatus of the request
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Cornwall Councilhttp://www.whatdotheyknow.com/request/information_on_personalisation_rhttp://www.whatdotheyknow.com/request/65851/response/206722/attach/html/4/Q%201%20Response%20Procedure.doc.htmlhttp://www.whatdotheyknow.com/request/65851/response/206722/attach/html/3/FOI%20Response%20Template%20word%20IAR%20578910.doc.htmlhttp://www.whatdotheyknow.com/request/65851/response/206722/attach/html/3/FOI%20Response%20Template%20word%20IAR%20578910.doc.htmlAssessment questions made available, but formula underpinning RAS refused following 'public interest' test - have referred to ICO.Question not askedFrom the safeguarding policy: "The Regulations specify that if the suitable person is not the spouse, civil partner, partner, close relative (or spouse or partner of a close relative) or friend involved in the provision of care/support of the person lacking capacity to consent to a direct cash payment then the council must obtain a Criminal Records Bureau check for that suitable person as a protective measure." And from their response letter: "However, Adult Care & Support (ACS) processes and pays for enhanced CRB disclosures for Personal Assistants (PA’s) although it is not a mandatory requirement. Where, however, there is a minor living in the household (even if they are not the service user) ACS insists that all PA’s have an enhanced CRB check undertaken. In instances where there have been previous or on-going safeguarding issues, the council can also insist that a PA has a CRB check."
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West Sussex County Councilhttp://www.whatdotheyknow.com/request/information_on_personalisation_r_8Guidance attached to main documentGuidance attached to main documentGuidance attached to main documentRAS scoring and weighting systems disclosed, but hard to work out how that translates into a cash value.5, between 2009-11 (more details on form)"'Ensuring that Personal Assistants paid for via a customer’s Direct Payment are CRB checked: To insist on this would be counter to the principles of self-directed support which is preicated on customer choice and control about how their social care outcomes are met" I queried what happened where the service user lacked capacity, they responded " it would be the Appointed Suitable Person (third party) who would take the decision on behalf of the customer who lacks mental capacity."
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Cambridgeshire County Councilhttp://www.whatdotheyknow.com/request/information_on_personalisation_r_2http://www.whatdotheyknow.com/request/65912/response/168056/attach/html/2/879%20April%202011.doc.htmlhttp://www.whatdotheyknow.com/request/65912/response/168056/attach/html/2/879%20April%202011.doc.htmlhttp://www.whatdotheyknow.com/request/65912/response/168056/attach/html/2/879%20April%202011.doc.htmlNo detailed information on how indicative amounts are calculated, and no response to request for more.6 to date (more details in response)Policy states "Currently there is no requirement to carry out CRB checks on people working with adults. However, the council strongly recommends checks are carried out and is committed to ensuring those people who are considering Direct Payments and not covered by the Protection of Children Act 1999 have access to CRB checks should they so wish. Any other checking systems that may be available, such as the Protection of Vulnerable Adults (POVA) and Protection of Children’s Act (POCA) may also be made use of."Cambridgeshire are investigating the lack of response (06/09/2011)
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Hartlepool County Councilhttp://www.whatdotheyknow.com/request/information_on_personalisation_r_5Guidance in response and with directions to other websites.Based on In Control's safeguarding paper. "We had 413 people take a DP last year and out of these 211 had a nominated person to manage the account for them."No detailed information on how indicative amounts are calculated, and no response to request for more.No legal challenges and they write they "are very clear that the indicative allocation is just a "starting point and an estimate of what we think people may need to support their social care needs it is not set in stone and we often allocate more resource if it is clear/ evidenced that it is required.""the DP guidance is clear that LA's cannot insist CRB's are completed. Where a worker is concerned that a person s needs will not be made safely if a CRB is not completed the worker would explain the importance of this to the PB holder and if advice not taken and there are concerns this is flagged up within management structure /panel and risk assessment around DP completed."Hartlepool have not followed up the email saying they'd send me more informaiton in April. I sent a reminder on 5th September, but it hasn't been acknowledged. I've phoned them and they've said they'll get the person who handles FOI to look into it. (07/09/2011)
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Lancashire County Councilhttp://www.whatdotheyknow.com/request/information_on_personalisation_r_6Policy is being revised, disclosure request refusedIn all the documents attached I couldn't find any specific discussion of safeguarding issues that might be specific to DP's, nor any mention of CRB checks.http://www.whatdotheyknow.com/request/65916/response/167562/attach/html/11/805.304%20Q3.xls.htmlNo detailed information on how indicative amounts are calculated, and no response to request for more."There were 6 complaints for the period Sept 09 - March 2010 in comparison to 30 for the same period Sept 10 - march 2011 in relation to reductions or cuts in service."Unusually, Lancashire appears to charge for CRB's (£52). I couldn't find any information on whether CRB's would be required for PA's or for budget holders - but this may be in the policy that is being developed.Although Lancashire's documentation says they operate a 'RAS 2' to calculate indicative amounts, they have responded that they cannot give me any more information about it. I have asked them to clarify on what grounds they cannot share this information. (08/09)
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Kent County Councilhttp://www.whatdotheyknow.com/request/information_on_personalisation_r_4Detailed discussion in 'third party policy' and 'positive risk management' attachmentsDetailed discussion in 'third party policy' and 'positive risk management' attachments"The [overall] number of clients who received a Direct Payment in 2009/10
was 2851." and "Of the 2851 clients mentioned in 3a, the number of Learning
Disability clients was 664 and the number of older people with dementia was 71."
"We currently do not operate a Resource Allocation System (RAS)"Kent interpreted this question in relation to challenges related to RAS allocated amounts and (since they have no RAS) did not provide a response. I asked them for legal challenges relating to direct payments in general. They did not respond. I have written following up this question."KASS will facilitate the undertaking of CRB checks on all who are employed to support the person who lacks capacity.
• Where the suitable person is a family member or friend of the person who lacks capacity, KASS will strongly encourage that CRB checks are undertaken.
• Where the suitable person is not a family member or friend of the person who lacks capacity, KASS must ensure that CRB checks are undertaken."
Just spoke to Kent's FOI officer by telephone, who says they received a request this week asking whether they have had *any* legal challenges relating to the amount awarded in a direct payment. She says that their legal team advised her they had had none to date. Not even letters before action.
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Essex County Councilhttp://www.whatdotheyknow.com/request/information_on_personalisation_r_3http://www.whatdotheyknow.com/request/65913/response/168159/attach/4/Appendix%201%20The%20Mental%20Capacity%20Act%20and%20provision%20of%20Cash%20Payments%20for%20vulnerable%20people.pdfhttp://www.whatdotheyknow.com/request/65913/response/168159/attach/5/Appendix%202%20Practice%20guidance%20for%20safeguarding%20Service%20User%20Finances%20and%20Belongings%20V2.pdf"Cash Payments – managed by the Service User – 2,792
As a percentage of all service users this is 6% " of these " Dementia – 67, Learning Disabilities – 646 " and "Number of service users receiving a personal budget which they don’t manage: 8,252 As a percentage of ALL Service Users: 18% ", of these "Dementia – 413, Learning Disabilities – 1,073". I wonder, from this response, whether they are interpreting service users receiving a personal budget which they don't manage as a 'virtual budget' (managed by the council) or a budget managed by a third party.
They have applied a s36(2) exemption, but have not sent on the detail about the outcome of the public interest test. I have phoned Essex and they will get back to me."In 2010/11 we have had no legal challenges regarding indicative amounts were
insufficient. In 2009/2010 we had 1 legal challenge regarding the indicative amount which was insufficient; this resulted in judicial review proceedings."
I can't find explicit discussion of CRB checks in mental capacity or safeguarding policy/guidance documents.Essex have responded that they are looking into this.
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Hampshire County Councilhttp://www.whatdotheyknow.com/request/information_on_personalisation_r_7http://www.whatdotheyknow.com/request/65917/response/167779/attach/4/Mental%20Capacity.pdfSee attached letter responding to request2407 clients have received a Direct Payment between 1st April 2010 and 28th February 2011. 11.2% of all clients. 97 direct payments were made to a 'suitable person' between 1 March 2010 and 28 February 2011.Hampshire provided information on the points scoring system, but it is unclear how this translates into a cash award.HCC have not been subject to any legal challenges on the specified matters"Any person employed by a Suitable Person to provide care for the service user must undertake a CRB check prior to beginning employment" (from document 'Role of a Suitable Person') and in their email response they state "Where a 'suitable person' is concerned, regulations stipulate that any person they employ to provide care must be CRB checked." I think this is incorrect; they must only be CRB checked if the 'suitable person' themselves chooses to, or if the 'suitable person' is not a friend or family member.
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