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

The request was successful.

Dear Surrey County 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

Information request
Our reference: 1475086
Your reference: [FOI #738895 email]
 
 
 
Dear Ms Schwehr
 
Freedom of Information Act 2000
RE: IR - Adult Social Care Charges 
 
Thank you for your request for information that was received on 21 March
2021
 
We are dealing with your request under the Freedom of Information Act
2000 and we aim to send a response by 20 April 2021.
 
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
Yours faithfully
 
Helen Gilbert
Information Governance Officer
Law & Governance - Resources
 
Surrey County Council | Woodhatch Place | 11 Cockshot Hill | Reigate | RH2
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Adults Information Governance, Surrey County Council

1 Attachment

Dear Ms Schwehr,

 

Please find attached our response to your recent request for information.

 

 

Kind regards,

 

Harriet

 

ASC Information Governance Team

Health, Wellbeing & Adult Social Care Directorate | Surrey County Council

Pavilion 3 | 1^st Floor | Millmead House | Guildford | Surrey | GU2 4BB

 

Email: [1][email address]

Phone: 01483 517679

 

 

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