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

The request was successful.

Dear Derbyshire 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

Access 2 Info (Commissioning Communities and Policy), Derbyshire County Council

Dear Ms Schwehr,

 

I refer to your request for information received on 21 March 2021.

 

We will be dealing with your request under the Freedom of Information Act
2000. In accordance with the legislation, the deadline for responding is
20 working days from the receipt of the request, this being the 20 April
2021. However, we shall endeavour to deal with your request promptly, and
if possible before this date.

 

 

Yours sincerely,

 

Business Services Assistant

Access to Information Team

Derbyshire County Council

County Hall

Matlock

DE4 3AG       

 

 

 

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ASCH Adult Social Care and Health FOI (Adult Social Care and Health), Derbyshire County Council

 

Dear Ms Schwehr

 

Thank you for your information request dated 21/03/21. I can confirm that
we do hold the requested information. The request has been considered
under the Freedom of Information Act 2000. The response to your request is
as follows:

 

 1. How many individuals is the local authority acting as an appointee
for, please? 683

 

 2. How many of these individuals (in area or out of area) pays adult
social care charges to the council for non-residential services? 116

 

 3. Which department is responsible for administering appointeeship?
Adult Social Care and Health

 

 4. Which department is responsible for assessing social care charges?
Adult Social Care and Health

 

 5. How many officers in either department carry out an overlapping role
with regard to appointeeship and care charges? 14 clients paying
non-residential charges currently managed by 4 officers in the
charging team, these cases are in process of being transferred to the
deputyship team.

 

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? None

 

7. How many appeals about care charges has the appointeeship team
submitted to the financial assessment team since 2015? None

 

8. How many complaints has the appointeeship team submitted regarding care
charges since 2015? None

 

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? Never

 

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? Not recorded, however, individual queries
raised and addressed as necessary.

 

11. Does the council treat appointeeship as a Care Act service? No

If so, does it charge for that as part of the Care Act charging system? NA

 

12. How much does it charge, if it makes a charge, per month or per week
or per year, please? NA

 

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)? No charge

 

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)? Yes

 

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. This is not a request which falls to
be responded to under access to information legislation. It does not
relate to information held nor matters of information

 

 

I hope this now deals with your request for information. However should
you wish the outcome to be reviewed, please follow the procedure as set
out below;

 

Stage 1:

In the first instance, please send in your comments, and wherever
possible, a copy of your request and the covering letter enclosing the
information or refusing your request to:

 

Access to Information Solicitor

Legal Services

Derbyshire County Council

County Hall

Matlock

DE4 3AG

Email: [1][Derbyshire County Council request email]

 

Please ensure that correspondence is marked as “Request for a review of my
Freedom of Information Act / Environmental Information Regulations
request”, and bears any case references you have been given.

 

Stage 2:

After completing the above procedure, if you wish to challenge the
decision further, then you have a right to contact the Information
Commissioner’s Office as follows:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel. 0303 123 1113/ Fax: 01625 524510

 

ICO Weblink: [2]http://www.ico.org.uk/complaints.aspx

 

Kind regards

 

 

 

Julie Yates

Information Governance Officer

Adult Social Care and Health

Derbyshire County Council | County Hall | Matlock | DE4 3AG

 

Tel: 01629 532086 | Ext: 32086

Email: [3][email address]

 

I am working at home for the foreseeable future, please contact me via
email.

 

 

 

From: CASCAIDr <[4][FOI #738793 email]>
Sent: 21 March 2021 16:57
To: Access 2 Info (Commissioning Communities and Policy)
<[5][email address]>
Subject: Freedom of Information request - Conflict of Interest in relation
to Client Finance/Appointeeship and the possibility that social care
charges are unlawful

 

Dear Derbyshire 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. [6]www.CASCAIDr.org.uk

 

 

 

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Think before you print! Save energy and paper. Do you really need to print
this email?

Derbyshire County Council works to improve the lives of local people by
delivering high quality services. You can find out more about us by
visiting [14]www.derbyshire.gov.uk.
If you want to work for us go to our job pages on
[15]www.derbyshire.gov.uk/jobs. You can register for e-mail alerts,
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