Conflict of Interest in relation to Client Finance/Appointeeship and the possibility that social care charges are unlawful

Roedd y cais yn llwyddiannus.

Dear St Helens Metropolitan Borough Council,

To whom it may concern

1. How many individuals is the local authority acting as an appointee for, please?

2. How many of these individuals (in area or out of area) pays adult social care charges to the council for non-residential services?

3. Which department is responsible for administering appointeeship?

4. Which department is responsible for assessing social care charges?

5. How many officers in either department carry out an overlapping role with regard to appointeeship and care charges?

6. How many times has the appointeeship team responded to a consultation on behalf of individuals or any group of benefits claimants regarding a change in the council’s charging policy, since 2015?

7. How many appeals about care charges has the appointeeship team submitted to the financial assessment team since 2015?

8. How many complaints has the appointeeship team submitted regarding care charges since 2015?

9. How many times has the appointeeship team sought or referred individuals they act for, to independent advice (whether third sector, legal aid or privately funded) about care charges, since 2015?

10. How many times has the appointeeship team questioned the accuracy, fairness or legal validity of individuals’ care charges or the council’s charging policy, since 2015?

11. Does the council treat appointeeship as a Care Act service? If so, does it charge for that as part of the Care Act charging system?

12. How much does it charge, if it makes a charge, per month or per week or per year, please?

13. If appointeeship is not provided for through the Care Act, does the council allow for a DRE deduction from Disability Benefits income, for the charge it makes for appointeeship (assuming a person is otherwise chargeable)?

14. If the council does not operate appointeeships for adult social care clients, does the council permit a full DRE deduction from Disability Benefits income, for any charge levied by any other corporate or private appointee (assuming a person is otherwise chargeable)?

15. In respect of all council clients who are currently in receipt of adult social care services, regarded as liable to pay a charge for their adult social care services, for whom the appointee role is currently undertaken - how is the relevant department holding the appointeeship responsibility proposing to manage the conflict of interest presented by the judgment in the Norfolk CC v SH case in December 2020, given that the decision means that other similar policies are presumptively unlawful? Please answer with a sentence or a paragraph; it is suggested that it is not a proper response to say that no decisions have been made, as yet, because the problem already exists.

Regards
Belinda Schwehr, CEO, CASCAIDr. www.CASCAIDr.org.uk

Contact Centre, St Helens Metropolitan Borough Council

Dear Belinda Schwehr

Thank you for your recent request for information, which will be treated
as a request under the Freedom of Information Act 2000/Environmental
Information Regulations 2004 (EIR).

Your enquiry has been given a reference number 20210326-00305-1. Please
quote this reference in any future correspondence with us concerning this
matter.

If the information you are requesting falls under EIR (see [1]here for
more details) then a charge may be applicable in line with [2]guidance
from the Information Commissioner's Office. Once your request has been
reviewed you will be informed of an appropriate charge that may be
applied.

In accordance with the Act, a response will be sent to you within 20
working days from the date following the receipt of the request or receipt
of an applicable payment.

Kind regards,
St. Helens Council
01744 676789

------------------------ Original Email -------------- Received On:
21/03/2021 17:00:46 GMT
Subject:Freedom of Information request - Conflict of Interest in relation
to Client Finance/Appointeeship and the possibility that social care
charges are unlawful

CAUTION: This email may be from an unknown source. Do not reply, click
links or open attachments unless you recognise the sender and know the
content is safe. Dear St Helens Metropolitan Borough Council, To whom it
may concern 1. How many individuals is the local authority acting as an
appointee for, please? 2. How many of these individuals (in area or out of
area) pays adult social care charges to the council for non-residential
services? 3. Which department is responsible for administering
appointeeship? 4. Which department is responsible for assessing social
care charges? 5. How many officers in either department carry out an
overlapping role with regard to appointeeship and care charges? 6. How
many times has the appointeeship team responded to a consultation on
behalf of individuals or any group of benefits claimants regarding a
change in the councilb .s charging policy, since 2015? 7. How many appeals
about care charges has the appointeeship team submitted to the financial
assessment team since 2015? 8. How many complaints has the appointeeship
team submitted regarding care charges since 2015? 9. How many times has
the appointeeship team sought or referred individuals they act for, to
independent advice (whether third sector, legal aid or privately funded)
about care charges, since 2015? 10. How many times has the appointeeship
team questioned the accuracy, fairness or legal validity of individualsb .
care charges or the councilb .s charging policy, since 2015? 11. Does the
council treat appointeeship as a Care Act service? If so, does it charge
for that as part of the Care Act charging system? 12. How much does it
charge, if it makes a charge, per month or per week or per year, please?
13. If appointeeship is not provided for through the Care Act, does the
council allow for a DRE deduction from Disability Benefits income, for the
charge it makes for appointeeship (assuming a person is otherwise
chargeable)? 14. If the council does not operate appointeeships for adult
social care clients, does the council permit a full DRE deduction from
Disability Benefits income, for any charge levied by any other corporate
or private appointee (assuming a person is otherwise chargeable)? 15. In
respect of all council clients who are currently in receipt of adult
social care services, regarded as liable to pay a charge for their adult
social care services, for whom the appointee role is currently undertaken
- how is the relevant department holding the appointeeship responsibility
proposing to manage the conflict of interest presented by the judgment in
the Norfolk CC v SH case in December 2020, given that the decision means
that other similar policies are presumptively unlawful? Please answer with
a sentence or a paragraph; it is suggested that it is not a proper
response to say that no decisions have been made, as yet, because the
problem already exists. Regards Belinda Schwehr, CEO, CASCAIDr.
www.CASCAIDr.org.uk
------------------------------------------------------------------- Please
use this email address for all replies to this request:
[FOI #738889 email] Is
[St Helens Council request email] the wrong address for Freedom of Information
requests to St Helens Metropolitan Borough Council? If so, please contact
us using this form:
https://www.whatdotheyknow.com/change_re...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi... For more detailed guidance on
safely disclosing information, read the latest advice from the ICO:
https://www.whatdotheyknow.com/help/ico-... Please
note that in some cases publication of requests and responses will be
delayed. If you find this service useful as an FOI officer, please ask
your web manager to link to us from your organisation's FOI page.

dangos adrannau a ddyfynnir

St.Helens Council, St Helens Metropolitan Borough Council

1 Atodiad

Good Afternoon,

 

Please find attached response from St Helens.

 

Many Thanks

Julie Waine

Head of Payments & Charges

[email address]

If you disagree with our decision or are otherwise unhappy with how we
have dealt with your request, in the first instance please write to St
Helens Council, Internal Audit, Town Hall, Victoria Square, St Helens,
Merseyside WA10 1HP.
Should you remain dissatisfied with the outcome, you have the right under
Section 50 of the Freedom of Information Act to appeal against the
decision by contacting the Information Commissioner, Wycliffe House, Water
Lane, Wilmslow, SK9 5AF.

"This e-mail and any file transmitted with it are confidential, subject to
copyright and intended solely for the use of the individual or entity to
whom they are addressed. It may contain privileged information. Any
unauthorised review, use, disclosure, distribution or publication is
prohibited. If you have received this e-mail in error please contact the
sender by reply e-mail and destroy and delete the message and all copies
from your computer. The information contained in this email may be subject
to public disclosure under the Freedom of Information Act 2000 or other
legal duty. Any views or opinions expressed within this email are those of
the author and may not necessarily reflect those of the Authority. No
contractual arrangement is intended to arise from this communication."