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

Response to this request is long overdue. By law, under all circumstances, Bolton Metropolitan Borough Council should have responded by now (details). You can complain by requesting an internal review.

Dear Bolton 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

Freedom Of Info, Bolton Metropolitan Borough Council

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Dear Bolton Metropolitan Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Bolton Metropolitan Borough Council's handling of my FOI request 'Conflict of Interest in relation to Client Finance/Appointeeship and the possibility that social care charges are unlawful'.

I note that you have not confirmed or denied whether the authority holds this information, and have not applied an exemption that would remove this obligation.
As you may be aware, Section 1(1) of the FOI Act (https://www.legislation.gov.uk/ukpga/200...) states that "Any person making a request for information to a public authority is entitled to be informed in writing by the public authority whether it holds information of the description specified in the request".
I would be grateful if you could clarify whether or not this information is held, or specify which exemption of the duty to confirm or deny you are applying.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

CASCAIDr

Freedom Of Info, Bolton Metropolitan Borough Council

This is only an automated message and confirmation that we have received
your email.

 

This mailbox is primarily used for Freedom of Information (FOI) and
Subject Access Requests (SAR’s) as well as other information requests.

 

Further information can be found at
[1]https://www.bolton.gov.uk/data-protectio...

 

Your email will be processed shortly.

 

Coronavirus (COVID-19) update

Due to the current Coronavirus outbreak you may experience delays when
making information rights requests. Please bear with us during this
period.

>>Corporate Logo<<
This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If you are not the addressee please e-mail it back to the sender and then
immediately, permanently delete it. Do not read, print, re-transmit, store
or act in reliance on it. This e-mail may be monitored by Bolton Council
in accordance with current regulations.

This footnote also confirms that this e-mail message has been swept for
the presence of computer viruses currently known to Bolton Council.
However, the recipient is responsible for virus-checking before opening
this message and any attachment.

Unless expressly stated to the contrary, any views expressed in this
message are those of the individual sender and may not necessarily reflect
the views of Bolton Council.

http://www.bolton.gov.uk/

References

Visible links
1. https://www.bolton.gov.uk/data-protectio...

Freedom Of Info, Bolton Metropolitan Borough Council

1 Attachment

Important:- During this pandemic you may experience understandable delays
when making information requests. Please bear with us during this period.
Dear Belinda Schwehr,

We acknowledge with thanks your request for information held by Bolton
Council received at this office on 21 March 2021.

Can I sincerely apologise that you did not receive a response to your
request which I am investigating.   At this stage it does appear that your
request was not processed due to clerical error.

This request will be considered under the Freedom of Information Act 2000
and may take up to 20 working days to be processed (although we will
endeavour to provide the information as quickly as possible).

Please be advised that if an exemption applies to the information that you
have requested, the statutory period may be exceeded in accordance with
the provisions of the act.

Please retain the reference number RFI 008439 for any future enquiries
regarding this matter.

Many thanks

John L Curtis
Acting IG team leader

The Information Governance Team

1^st Floor, Town Hall, Bolton, BL1 1RU

 

>>Corporate Logo<<
This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If you are not the addressee please e-mail it back to the sender and then
immediately, permanently delete it. Do not read, print, re-transmit, store
or act in reliance on it. This e-mail may be monitored by Bolton Council
in accordance with current regulations.

This footnote also confirms that this e-mail message has been swept for
the presence of computer viruses currently known to Bolton Council.
However, the recipient is responsible for virus-checking before opening
this message and any attachment.

Unless expressly stated to the contrary, any views expressed in this
message are those of the individual sender and may not necessarily reflect
the views of Bolton Council.

http://www.bolton.gov.uk/