Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Strategic Director: Resources
Neuadd Y Sir / County Hall
David Powell
Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
 
 
Tel / Ffôn:  01597 82 7543         
 
Fax / Ffacs:  01597 82 6215      
 
Email/Llythyru electronig:
  [1][Powys County Council request email]

Our ref / Ein cyf:  F2018-0406

Date / Dyddiad:   23/04/18

Request Accepted

FREEDOM of INFORMATION ACT 2000

Reference No: F2018/0406

Dear Mr Hudson

Thank you for your request for information, received at this office on 
23/04/2018, in which you requested details of the following:

Appointeeship       

The above is a summary of your request. The full details of the
information sought is provided to the officer to whom the request is
tasked.

Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Powys County Council may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

The due date for responding to this request for information is 22/05/2018.

Should you need to discuss this further please contact the Information
Compliance Team on 01597 827543.

I would like to take this opportunity to thank you for your interest in
Powys County Council.

Yours sincerely,

Carl Bryden

Information Compliance Officer

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1. mailto:[Powys County Council request email]

CYNGOR SIR POWYS COUNTY COUNCIL

Information Compliance

County Hall

Spa Road East

Llandrindod Wells

Powys

LD1 6DF

From: Carl Bryden

Tel: 01597 827543

Email:[Powys County Council request email]

--------------------------------------------------------------------------------------------------------

FOI ref: F2018-0406

Date: 23/04/18

A request for information has been submitted to the Authority and is being
processed under the Freedom of Information Act 2000:

Please read the following before continuing to the request:

If the scope of the request is unclear and you require clarification of
the information sought, please contact Information Compliance as soon as
possible.

If you consider that the time it will take to provide the information is
excessive, (over 18 hours of search/locate/retrieval time) or consider
that any of the Information is exempt from disclosure then please contact
Information Compliance Unit.

Information detailing the exemptions to disclosure is accessible on the
Powys County Council Intranet via the following link:

[1]http://intranet.powys.gov.uk/index.php?i...

If you do not consider that you are the most appropriate person to provide
this information please contact Information Compliance as soon as possible
so that this retrieval request can be reassigned.

The procedure for processing requests for information under the Freedom of
Information Act 2000 is available on the Powys County Council Intranet and
is accessible via the following link:

[2]http://intranet.powys.gov.uk/index.php?i...

The Request:

I am looking to understand the Council’s role under its
Appointeeship/Deputyship responsibility.

Adults only.

1.         Please can you provide me details of the number of users of the
service provided in the last 3 years (full years)

Breakdown of those numbers for;

·           Benefit Agency ‘Appointee’ only

·           Court of Protection only (COP)

If the COP clients are also requiring Benefit Agency ‘Appointee’ status
then please indicate that in the COP numbers above

2.         I would like to see the Councils internal Policy Procedure
under which staff operate the Appointeeship/Deputyship responsibility.

3.         Can you explain the Audit process for the following, e.g are
the ‘accounts’ subject to external audit or is it internal. I am looking
for transparency in how finances of client’s personal situation is to be
recorded and verified.

·           Benefit Agency ‘Appointee’ only

·           Court of Protection (COP)

If you are able to provide any additional internal documents that can
assist in showing that the Council is able to meet its statutory Duty then
that would be helpful.

The request was received on 23/04/2018

Please can you arrange for the collation of the relevant information and
return it to Information Compliance as soon as possible and in any case by
08/05/2018 for the consideration of disclosure.

The response should be sent not to the individual officer but to
[3][Powys County Council request email]

Thanks

Carl Bryden

Information Compliance Officer

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2. http://intranet.powys.gov.uk/index.php?i...
3. mailto:foi.queries@powys

Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Strategic Director: Resources
Neuadd Y Sir / County Hall
David Powell
Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
 
 
Tel / Ffôn:  01597 82 7543         
 
Fax / Ffacs:  01597 82 6215      

Email/Llythyru electronig:
[1][Powys County Council request email]

Our ref / Ein cyf:  F2018-0406

Date / Dyddiad:   23/05/2018

Reference No: F2018-0406

Dear Mr Hudson

Thank you for your request for information dated 23/4/18 concerning
Appointeeship

This is to inform you that your request has been considered and I can
provide the following response:

The Request:

I am looking to understand the Council’s role under its
Appointeeship/Deputyship responsibility.

Adults only.

1.         Please can you provide me details of the number of users of the
service provided in the last 3 years (full years)

Breakdown of those numbers for;

·           Benefit Agency ‘Appointee’ only

·           Court of Protection only (COP)

If the COP clients are also requiring Benefit Agency ‘Appointee’ status
then please indicate that in the COP numbers above

2.         I would like to see the Councils internal Policy Procedure
under which staff operate the Appointeeship/Deputyship responsibility.

3.         Can you explain the Audit process for the following, e.g are
the ‘accounts’ subject to external audit or is it internal. I am looking
for transparency in how finances of client’s personal situation is to be
recorded and verified.

·           Benefit Agency ‘Appointee’ only

·           Court of Protection (COP)

If you are able to provide any additional internal documents that can
assist in showing that the Council is able to meet its statutory Duty then
that would be helpful.

The Response:

Adults only.

1.         Please can you provide me details of the number of users of the
service provided in the last 3 years (full years)

Appointeeship with the Department of Work and Pensions &  Deputyship for
Property and Financial Affairs with the Court of Protection:

-       2015/16 – 141 cases

-       2016/17 – 148 cases

-       2017/18 – 159 cases

We do not treat these separately. Please note that the majority of cases
where the Appointee/Deputyship Unit is involved are managed through
Deputyship with the Court of Protection, appointeeship only cases are the
exception.  We have no powers and so would not deal with appointeeship
only cases.  There is a requirement to apply to the Court of Protection
for deputyship as the authority under appointeeship does not extend past
the applying; receiving and managing of an individual’s DWP payments in
their best interest.  Therefore any requirements to liaise with other
financial institutions and organisations are not authorised under
appointeeship.

If the COP clients are also requiring Benefit Agency ‘Appointee’ status
then please indicate that in the COP numbers above

2.         I would like to see the Councils internal Policy Procedure
under which staff operate the Appointeeship/Deputyship responsibility.

Please see the Appointee/Deputyship Units Policy & Procedures. 

These procedures are based on the Office of the Public Guardianship found
at:

[2]https://assets.publishing.service.gov.uk...

There has been not update of guidance since publication in 2015; therefore
Powys County Councils procedures have remained constant.

3.         Can you explain the Audit process for the following, e.g are
the ‘accounts’ subject to external audit or is it internal. I am looking
for transparency in how finances of client’s personal situation is to be
recorded and verified.

·           Benefit Agency ‘Appointee’ only

·           Court of Protection (COP)

If you are able to provide any additional internal documents that can
assist in showing that the Council is able to meet its statutory Duty then
that would be helpful.

The Office of the Public Guardian (OPG) require annual reports relating to
all Deputyship clients; reports include details on income and expenditure
as well as any significant decisions made during the reporting period and
how that decision was reached.

In addition to the individual annual reports, the OPG conducts an
assurance visit to ensure the processes undertaken are compliant with
their standards as well as the Mental Capacity Act 2005 and its code of
practice.  A copy of our most recent assurance visit is attached.

We regret the delay you have experienced with this request. We acknowledge
that Powys County Council has failed in its obligation under the Freedom
of Information Act 2000, to provide you with a response to your request
within the statutory timescale of 20 working days. Please accept our
apologies for this and for any inconvenience this may have caused.

We believe that this request is now complete and shall be closed
immediately. Should any further information be requested regarding this
topic, a separate request will need to be submitted.

We would like to take this opportunity to thank you for your interest in
Powys County Council.

Yours sincerely,

Information Compliance Team

The supply of documents under Freedom of Information does not give the
person or organisation who receives them an automatic right to re-use the
documents in a way that would infringe copyright.

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting. However, any other type of re-use, for
example, by publishing the information or issuing copies to the public
will require the permission of the copyright owner.

The copyright of most of the information that we provide in response to
Freedom of Information Act requests will be owned by Powys County Council.
The copyright in other information may be owned by another person or
organisation, as indicated in the information itself.

For HMSO Guidance Notes on a range of copyright issues, see the Office of
Public Sector Information(OPSI) website.

[3]http://www.opsi.gov.uk/advice/crown-copy...

If you are dissatisfied with the service you have received in relation to
your request and wish to make a complaint, please contact Information
Compliance. Our complaints procedure is available on request or on our
website.

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:

Information Commissioner's Office

2nd floor

Churchill House

Churchill way

Cardiff

CF10 2HH

Tel: 029 2067 8400

Email: [4][email address]

[5]www.ico.org.uk

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References

Visible links
1. mailto:[Powys County Council request email]
2. https://assets.publishing.service.gov.uk...
3. http://www.opsi.gov.uk/advice/crown-copy...
4. mailto:[email address]
5. http://www.ico.org.uk/