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

CASCAIDr made this Freedom of Information request to North Lincolnshire Council as part of a batch sent to 172 authorities This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

CASCAIDr
Delivered

Dear North Lincolnshire 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

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Information Governance Team,

Dear Belinda Schwehr,

Thank you for your request which was received on 21st March. Please
remember to quote the reference number above in any future communications.

The estimate response date for your request is the 21st April, however
please note that your request for information may be delayed due to
resources being diverted to deal with Public Health priorities

We apologise for any inconvenience this may cause and we do remain
committed to responding to your request, and will respond as soon as we
are able. Should our response to your request breach the statutory
timeframe and you remain unhappy with our response, you have the right to
complain to the information Commissioners Office, you can contact them at:

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF. Helpline telephone: 0303 123 1113. Website: [1]Make a
complaint | ICO

Yours Faithfully

Information Governance Team
North Lincolnshire Council

References

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1. https://ico.org.uk/make-a-complaint/

Link to this Report
Information Governance Team, North Lincolnshire Council

1 Attachment

  • Attachment

    Information Disclosure FOI2021 00214.odt

    641K Download

Dear Belinda Schwehr,

I am writing in response to your request for information, that was
received on the 21st March. Please find our Information Disclosure letter
attached.

If we can be of any further assistance with regard to this request please
let us know quoting the above reference number.

Yours sincerely,

Information Governance Team
North Lincolnshire Council

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