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

The request was successful.

Dear Conwy County 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.

Belinda Schwehr, CEO, CASCAIDr.

Uned Llyw-Gwyb / Info-Gov Unit, Conwy County Borough Council

Diolch am eich neges e-bost. Os ydych yn gofyn am fynediad at wybodaeth
dan delerau Deddf Rhyddid Gwybodaeth 2000 cewch ymateb o fewn ugain
niwrnod gwaith.

Thank you for your email. If you are requesting access to information
under the terms of the Freedom of Information Act 2000 you will receive a
response within twenty working days.

[1]Sefyllfa Bresennol Gwasanaethau'r Cyngor   |   [2]Council Services
Current Situation

Rydym yn croesawu gohebiaeth yn y Gymraeg a’r Saesneg fel ei gilydd. Ni
fydd gohebiaeth yn yr un iaith na’r llall yn arwain at unrhyw oedi. We
welcome correspondence in both Welsh and English. We will respond to
correspondence in either language without delay. [3][USEMAP]

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Uned Llyw-Gwyb / Info-Gov Unit, Conwy County Borough Council

Dear Requester,

Thank you for your enquiry.

In light of the unprecedented challenges posed by the coronavirus pandemic please be aware that we will continue to make every effort to comply with any relevant timescales that might apply to your enquiry, however the safety and security of the public remains the primary concern and it is with this in mind please be aware that some slippage might occur with regards to the timely provision of any response.

This will be kept to a minimum wherever possible and the Council will review its position in line with directions from Government and Public Health organisations as and when required.

Please ensure all email correspondence is sent to the [Conwy Council request email] email address.

Thanking you in advance for your understanding and patience.

Uned Llywodraethu Gwybodaeth/ Information Governance Unit Cyngor Bwrdeistref Sirol CONWY County Borough Council E-Bost / E-Mail: [Conwy Council request email]

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socialcarefoi, Conwy County Borough Council

Dear Madam,


Please find below information in response to your Freedom of Information


If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review.  Internal review requests should be
submitted within two months of the date of receipt of this response, and
should be sent to the e-mail address below.


Please ensure all correspondence is sent to this email address: 
[1][Conwy Council request email].


If you are not content with the outcome of the internal review, or if you
are unhappy with this response you may appeal to the:


Information Commissioner’s Office – Wales

2nd Floor, Churchill House

Churchill Way


CF10 2HH

Yours sincerely,


Vicky Owen

Rhyddid Gwybodaeth/Freedom of Information

Gwasanaethau Gofal Cymdeithasol ac Addysg/Social Care & Education Services

Cyngor Bwrdeistref Sirol Conwy County Borough Council

PO Box 1, Conwy, LL30 9GN
Gwe/Web: [2]



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