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

The request was successful.

Dear Merthyr Tydfil 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

FOI (Freedom of Information), Merthyr Tydfil Council

Diolch am eich e-bost.

Hoffem eich hysbysu ei fod yn bosibl na fyddwn yn gallu ymateb i’ch cais oddi fewn i’r fframwaith amser statudol. Mae ein staff yn delio gyda materion o flaenoriaeth uchel ar hyn o bryd ac yn hynny o beth efallai na fyddan nhw’n gallu coladu’r wybodaeth sydd ei hangen arnoch.

Bydd aelod o’r Tîm Llywodraethu Gwybodaeth ymateb cyn gynted ag sy’n bosibl gyda gwybodaeth bellach.

Diolch am eich amynedd.

Thank you for your email.

We would like to inform you that we might not be able to respond to your request within the statutory timeframe. Our staff are currently dealing with high priority matters and as such may not be able to collate the information you require.

A member of the Information Governance Team will respond to you as soon as possible with further information.

Thank you for your patience.
Croesawn ohebu yn Gymraeg a fydd hyn ddim yn arwain at oedi.

Mae'r e-bost hwn ac unrhyw ffeiliau a drosglwyddir gydag ef yn gyfrinachol ac wedi'u bwriadu ar gyfer pwy bynnag y cyfeirir ef ato neu atynt. Mae cynnwys yr e-bost hwn cynrychioli barn y sawl a enwir uchod, felly nid ydyw'n dilyn ei fod yn cynrychioli barn Cyngor Bwrdeistref Sirol Merthyr Tudful.

Darllenwch ein hysbysiadau preifatrwydd<https://www.merthyr.gov.uk/council/data-...> i ddarganfod mwy am sut rydym yn defnyddio eich gwybodaeth bersonol.

Cyngor Bwrdeistref Sirol Merthyr Tudful
Canolfan Dinesig
Stryd Y Castell
Merthyr Tudful
CF47 8AN

Teleffon: 01685 725000

We welcome correspondence in Welsh and this will not lead to a delay.

This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. The contents of this e-mail represent the views of the individual(s) named above and do not necessarily represent the views of Merthyr Tydfil County Borough Council.

Please read our privacy notices<https://www.merthyr.gov.uk/council/data-...> to find out more about how we use your personal information.

Merthyr Tydfil County Borough Council
Civic Centre
Castle Street
Merthyr Tydfil
CF47 8AN

Telephone: 01685 725000

[https://www.merthyr.gov.uk/assets/img/lo...
http://www.merthyr.gov.uk

FOI (Freedom of Information), Merthyr Tydfil Council

Classification: NOT PROTECTIVELY MARKED

 

Dear Sir/Madam

 

RE: Freedom Of Information Act 2000 – INFORMATION Request

 

We acknowledge your request for information received by the Data
Disclosure and Records Officer on 22^nd March 2021.

 

We are considering your request and you will receive the Councils full
response within the [1]statutory time limit of 20 working days, which in
this instance is no later than 19^th April 2021 unless the information is
exempt or we require additional time to consider whether disclosure is in
the public interest in accordance with [2]Section 2 of the Act.

 

The [3]Act defines a number of exemptions which may prevent release of the
information you have requested. Before we provide the information we will
consider whether it is proper to release it and if any of the exemption
categories do apply then the information may not be released. We will tell
you if this is the case, and you will have a right of appeal. If the
information you request contains reference to a third party then they may
be consulted prior to a decision being taken on whether or not to release
the information to you. You may have to pay a fee for this information; we
will consider this and let you know. If a fee is applicable the Council
will issue you with a Fees Notice. The 20 working day time limit will not
start until we receive your payment. If you have any queries or concerns,
please contact the Data Disclosure and Records Officer on 01685 725000 or
[4][Merthyr Tydfil Council request email]. You can find out more about the Act from the
Information Commissioner at:

 

Information Commissioner’s Office (Wales)

2^nd Floor

Churchill House

Churchill Way

Cardiff

CF10 2HH

 

Tel: 0330 414 6421

Email: [5][email address]

Website: [6]www.ico.org.uk

 

Responses to completed requests for information are published online
within our disclosure log. Our disclosure log is located in the find it
section of our external website ([7]www.merthyr.gov.uk). Please click
[8]HERE to view our disclosure log.

 

Yours faithfully

 

Swyddog Datgelu Data a Chofnodion/Data Disclosure and Records Officer

Tîm Llywodraethu Gwybodaeth/Information Governance Team

Cyngor Bwrdeistref Sirol Merthyr Tudful/Merthyr Tydfil County Borough
Council

 

Canolfan Dinesig/Civic Centre

Stryd Y Castell/Castle Street

Merthyr Tudful/Merthyr Tydfil

CF47 8AN/CF47 8AN

Ffon/Tel: 01685 725000

E-bost/E-mail: [9][Merthyr Tydfil Council request email]

 

Croesawn ni ohebu yn y Gymraeg/We welcome correspondence in Welsh.

Croesawn ohebu yn Gymraeg a fydd hyn ddim yn arwain at oedi.

Mae'r e-bost hwn ac unrhyw ffeiliau a drosglwyddir gydag ef yn gyfrinachol
ac wedi'u bwriadu ar gyfer pwy bynnag y cyfeirir ef ato neu atynt. Mae
cynnwys yr e-bost hwn cynrychioli barn y sawl a enwir uchod, felly nid
ydyw'n dilyn ei fod yn cynrychioli barn Cyngor Bwrdeistref Sirol Merthyr
Tudful.

Darllenwch ein [10]hysbysiadau preifatrwydd i ddarganfod mwy am sut rydym
yn defnyddio eich gwybodaeth bersonol.

Cyngor Bwrdeistref Sirol Merthyr Tudful
Canolfan Dinesig
Stryd Y Castell
Merthyr Tudful
CF47 8AN

Teleffon: 01685 725000

We welcome correspondence in Welsh and this will not lead to a delay.

This e-mail and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. The contents of this e-mail represent the views of the
individual(s) named above and do not necessarily represent the views of
Merthyr Tydfil County Borough Council.

Please read our [11]privacy notices to find out more about how we use your
personal information.

Merthyr Tydfil County Borough Council
Civic Centre
Castle Street
Merthyr Tydfil
CF47 8AN

Telephone: 01685 725000

[12]http://www.merthyr.gov.uk

References

Visible links
1. http://www.legislation.gov.uk/ukpga/2000...
2. http://www.legislation.gov.uk/ukpga/2000...
3. http://www.legislation.gov.uk/ukpga/2000...
4. mailto:[Merthyr Tydfil Council request email]
5. mailto:[email address]
6. http://www.ico.org.uk/
7. http://www.merthyr.gov.uk/
8. http://www.merthyr.gov.uk/English/Servic...
9. mailto:[Merthyr Tydfil Council request email]
10. https://www.merthyr.gov.uk/council/data-...
11. https://www.merthyr.gov.uk/council/data-...
12. http://www.merthyr.gov.uk/

FOI (Freedom of Information), Merthyr Tydfil Council

 

 

Classification: NOT PROTECTIVELY MARKED

 

Dear Sir/Madam

RE:     Freedom Of Information Act 2000 – INFORMATION Request

We have considered your request and provide the following information:
Can we add the following statement too please:

 

The details below refer to appointee arrangements that are undertaken
directly by MTCBC, in addition we commission appointee arrangements for
people living in the community via People Plus and these have not been
included in the response.

 

1. How many individuals is the local authority acting as an appointee for,
please? 21(residential clients only).

 

2. How many of these individuals (in area or out of area) pays adult
social care charges to the council for non-residential services? 0,
referrals are made to an external support provider for non-residential
service users requiring support.

 

3. Which department is responsible for administering appointeeship?
Financial Assessment & Charging (residential clients only).

 

4. Which department is responsible for assessing social care charges?
Financial Assessment & Charging.

 

5. How many officers in either department carry out an overlapping role
with regard to appointeeship and care charges? 5 (again only in relation
to residential clients).

 

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? 0, as questions above
LA doesn’t act for client in community.

 

7. How many appeals about care charges has the appointeeship team
submitted to the financial assessment team since 2015?

0, as questions above LA doesn’t act for client in community.

 

8. How many complaints has the appointeeship team submitted regarding care
charges since 2015? 0, as questions above LA doesn’t act for client in
community.

 

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? 0, as
questions above LA doesn’t act for client in community.

 

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? 0, as questions above LA doesn’t act for
client in community.

  

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? No.

 

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

 

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)? Clients are not charged by LA.

 

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)? This would be
considered as part of any DRE review.

 

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.

 

The LA does not undertake the appointeeship role for non-residential
clients.

 

 

 

 

The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purposes of news reporting. Any other re-use, for example commercial
publication, would require the permission of the copyright holder. Most
documents supplied by this department will have been produced by
government officials and will be Crown Copyright. You can find details on
the arrangements for re-using Crown copyright from [1]The National
Archives.

 

We supply this based on your original request. If this is not what you
wanted or if you feel we have not fully understood your request please do
not hesitate to contact us to clarify your exact requirements. If you have
any queries or concerns or are in any way dissatisfied with the handling
of your request and you wish to make a complaint please contact the
Information Governance Team on 01685 725000 or [2][Merthyr Tydfil Council request email]. If
you are not satisfied with the outcome of your complaint please contact
the Councils Complaints Team on 01685 725000 or
[3][email address], alternatively you may wish to submit a
complaint using the Councils [4]online complaints form. You can find out
more about the Act from the Information Commissioner at:

 

Information Commissioner’s Office (Wales)

2^nd Floor

Churchill House

Churchill Way

Cardiff

CF10 2HH

 

Tel: 0330 414 6421 

Email: [5][email address]

Website: [6]www.ico.org.uk

Responses to completed requests for information are published online
within our disclosure log. Our disclosure log is located on our external
website ([7]www.merthyr.gov.uk). Please click [8]HERE to view our
disclosure log.

 

Yours faithfully

 

Swyddog Datgelu Data a Chofnodion/Data Disclosure and Records Officer

Tîm Llywodraethu Gwybodaeth/Information Governance Team

Cyngor Bwrdeistref Sirol Merthyr Tudful/Merthyr Tydfil County Borough
Council

 

Canolfan Dinesig/Civic Centre

Stryd Y Castell/Castle Street

Merthyr Tudful/Merthyr Tydfil

CF47 8AN/CF47 8AN

Ffon/Tel: 01685 725000

E-bost/E-mail: [9][Merthyr Tydfil Council request email]

 

Croesawn ni ohebu yn y Gymraeg/We welcome correspondence in Welsh.

 

Croesawn ohebu yn Gymraeg a fydd hyn ddim yn arwain at oedi.

Mae'r e-bost hwn ac unrhyw ffeiliau a drosglwyddir gydag ef yn gyfrinachol
ac wedi'u bwriadu ar gyfer pwy bynnag y cyfeirir ef ato neu atynt. Mae
cynnwys yr e-bost hwn cynrychioli barn y sawl a enwir uchod, felly nid
ydyw'n dilyn ei fod yn cynrychioli barn Cyngor Bwrdeistref Sirol Merthyr
Tudful.

Darllenwch ein [10]hysbysiadau preifatrwydd i ddarganfod mwy am sut rydym
yn defnyddio eich gwybodaeth bersonol.

Cyngor Bwrdeistref Sirol Merthyr Tudful
Canolfan Dinesig
Stryd Y Castell
Merthyr Tudful
CF47 8AN

Teleffon: 01685 725000

We welcome correspondence in Welsh and this will not lead to a delay.

This e-mail and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. The contents of this e-mail represent the views of the
individual(s) named above and do not necessarily represent the views of
Merthyr Tydfil County Borough Council.

Please read our [11]privacy notices to find out more about how we use your
personal information.

Merthyr Tydfil County Borough Council
Civic Centre
Castle Street
Merthyr Tydfil
CF47 8AN

Telephone: 01685 725000

[12]http://www.merthyr.gov.uk

References

Visible links
1. http://www.nationalarchives.gov.uk/
2. mailto:[Merthyr Tydfil Council request email]
3. mailto:[email address]
4. https://eform.merthyr.gov.uk/default.asp...
5. mailto:[email address]
6. http://www.ico.org.uk/
7. http://www.merthyr.gov.uk/
8. http://www.merthyr.gov.uk/council/data-p...
9. mailto:[Merthyr Tydfil Council request email]
10. https://www.merthyr.gov.uk/council/data-...
11. https://www.merthyr.gov.uk/council/data-...
12. http://www.merthyr.gov.uk/