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

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Dear Coventry City 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

Coventry City Council - My Account, Coventry City Council

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Dear Sir/Madam

Reference No FOI318531605 - Freedom of Information Act 2000/Environmental
Information Regulations 2004 

Title: Client Finance/Appointeeship and social care charges

Thank you for your email requesting information under the above
legislation, which we received on 22/03/2021. We will respond to you
within 20 working days of the date of receipt.  If there are any problems
with this request that may delay the response, we will contact you.

For information, you can also view the latest information issued by the
Council on our [1]disclosure log , [2]Council's Publication Scheme and
[3]Open Data

Please quote your reference number in any further communications on this
matter.

Kind regards,

Information Governance Team
Coventry City Council
PO Box 15
Earl Street
Coventry
CV1 5RR

Tel:  024 7697 5408

Email: [4][email address]

[5]Coventry UK City of Culture 2021

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Coventry City Council - My Account, Coventry City Council

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Dear Sir/Madam,

Please find attached the Council’s response to your recent request.

Kind regards

Information Governance Team
Coventry City Council 
PO Box 15
Earl Street
Coventry
CV1 5RR

Tel:  024 7697 5408
Email: [1][email address]

[2]Coventry UK City of Culture 2021

This e-mail and any files transmitted with it are confidential and are
intended solely for the use of the addressee. If you have received this
e-mail in error, you are requested to contact the sender All e-mails are
monitored by Coventry City Council's ICT Security, using Mimecast. The
views contained in this e-mail are those of the author and not necessarily
those of Coventry City Council.

References

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