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

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Dear Milton Keynes 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

Freedom of Information Team, Milton Keynes Council

1 Attachment

Reference: FOI-318952112
Date of request: 23/03/2021
Title of request: ASC Appointeeship

Dear Belinda Schwehr,

Thank you for your request for information. Your request is being
considered and you will receive the information requested within the
statutory timescale of 20 working days.

In the event that the information cannot be released you will be advised
within 20 working days, including your rights of appeal.

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Freedom of Information Team

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Freedom of Information Team, Milton Keynes Council

Reference: FOI-318952112
Date of request: 22/03/2021
Title of request: ASC Appointeeship

Dear Belinda Schwehr,

Freedom of Information Act 2000

 

Your request for information has now been considered and the information
requested is below 

+------------------------------------------------------------------------+
|1.     |How many individuals is the local|90 |
|  |authority acting as an appointee | |
| |for, please? | |
|-------+---------------------------------+------------------------------|
|2.     |How many of these individuals (in|31 |
|  |area or out of area) pays adult | |
| |social care charges to the | |
| |council for non-residential | |
| |services? | |
|-------+---------------------------------+------------------------------|
|3.     |Which department is responsible |Client Funds Team |
|  |for administering appointeeship? | |
|-------+---------------------------------+------------------------------|
|4.     |Which department is responsible |Financial Assessment Team |
|  |for assessing social care | |
| |charges? | |
|-------+---------------------------------+------------------------------|
|5.     |How many officers in either |None |
|  |department carry out an | |
| |overlapping role with regard to | |
| |appointeeship and care charges? | |
|-------+---------------------------------+------------------------------|
|6.     |How many times has the |None |
|  |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 |None – Any queries are raised|
|  |charges has the appointeeship |directly with the Financial|
| |team submitted to the financial |Assessment Team directly and|
| |assessment team since 2015? |responded to accordingly. |
|-------+---------------------------------+------------------------------|
|8.     |How many complaints has the |None – Any queries are raised|
|  |appointeeship team submitted |directly with the Financial|
| |regarding care charges since |Assessment Team directly and|
| |2015? |responded to accordingly. |
|-------+---------------------------------+------------------------------|
|9.     |How many times has the |None |
|  |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 |The Charges are reviewed every|
| |appointeeship team questioned the|April, we check Financial|
| |accuracy, fairness or legal |Assessments have the correct|
| |validity of individuals’ care |benefits and client capital.|
| |charges or the council’s charging|The charges are checked for|
| |policy, since 2015? |accuracy against the Council’s|
| | |Fairer Charging Policy. |
|-------+---------------------------------+------------------------------|
|11.    |Does the council treat |No - This is not Statutory |
| |appointeeship as a Care Act |service but is a discretionary|
| |service? If so, does it charge |service. The service does |
| |for that as part of the Care Act |contribute to fulfilling the |
| |charging system? |“promotion of individual |
| | |wellbeing duty” which is a |
| | |Statutory Service |
| | | |
| | |  |
|-------+---------------------------------+------------------------------|
|12.    |How much does it charge, if it |£14.60 per week, for clients|
| |makes a charge, per month or per |over a £1000 capital limit. |
| |week or per year, please? | |
|-------+---------------------------------+------------------------------|
|13.    |If appointeeship is not provided |Yes |
| |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 |Yes, evidence required. |
| |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|We do regard the Local |
| |who are currently in receipt of |Authority acting as Appointee |
| |adult social care services, |to be a last resort because it|
| |regarded as liable to pay a |is recognised it could be |
| |charge for their adult social |considered that there is an |
| |care services, for whom the |element of conflict in some |
| |appointee role is currently |situations. However, where MKC|
| |undertaken - how is the relevant |act as Appointee, we will |
| |department holding the |always treat a client as an |
| |appointeeship responsibility |individual and act in their |
| |proposing to manage the conflict |best interests.  As referred |
| |of interest presented by the |to above, we do check the |
| |judgment in the Norfolk CC v SH |financial assessments and will|
| |case in December 2020, given that|challenge on behalf of the |
| |the decision means that other |individual if we think there |
| |similar policies are |is an error.   |
| |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. | |
+------------------------------------------------------------------------+

 

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Best Regards

Freedom of Information Team

Any personal data will be processed in line with the Data Protection legislation, further details at https://www.milton-keynes.gov.uk/privacy

This email and any attachments hereto are strictly confidential and intended solely for the addressee. It may contain information which is privileged. If you are not the intended addressee, you must not disclose, forward, copy or take any action in reliance of this email or attachments. If you have received this email in error, please delete it and notify us as soon as possible.

The anti-virus software used by Milton Keynes Council is updated regularly in an effort to minimise the possibility of viruses infecting our systems. However, you should be aware that there is no absolute guarantee that any files attached to this email are virus free.

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