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Cross Boundaries Issues
- Recovery of Expenditure for Provision of Social Care - Ordinary Residence
- The Recovery of Expenditure for the Provision of Social Services (Scotland) Regulations 2010
- Revised Guidance on Ordinary Residence covering letter Mar2010
- Cross Boundary Issues
- Community Care Division Circular CCD3/2010
- Commissioner Orders Release of Glasgow Tender Information
Recovery of Expenditure for Provision of Social Care - Ordinary Residence
The Scottish Government has now issued draft guidance and draft regulations on how local authorities should go about funding social care when a person moves from one area to another. The guidance includes an examination of the term 'ordinarily resident' citing case law.The guidancealsoprovides case studies as a way of demonstrating how social care should be organised and paid for in various situations. Whilst the case studies mostly deal with care there is also mention of supported accommodation.
The deadline for comments to be with the Scottish Government was19th January 2009.
The Recovery of Expenditure for the Provision of Social Services (Scotland) Regulations 2010
The Recovery of Expenditure for the Provision of Social Services (Scotland) Regulations 2010 (SSI 2010 NO.72)
http://www.opsi.gov.uk/legislation/scotland/ssi2010/ssi_20100072_en_1
Revised Guidance on Ordinary Residence covering letter Mar 2010
Revised guidance on ordinary residence covering letter Mar 2010
Cross Boundary Issues
From time to time the Unit is asked for information about what should happen when service users decide to move from one area to another. Service providers have asked which local authority should cover the housing support costs for a person when they decide to move. This does vary in different situations the approach local authorities have taken also varies. Local authorities agreed in 2005 that a set of protocols might help them agree a common approach to funding housing support when people move between authorities.
What the Guidance says
The SP Guidance states that :
‘Authorities are expected to provide for the needs of all clients ordinarily resident in the area.'
The term ‘ordinarily resident' is one that has been used to help decide a local authority's responsibility to fund a person's care package, particularly in residential settings.
In Circular No: SWSG 1/96 issued to Directors of Social Work and to Health Boards in 1996 it is stated that there is no legal definition of ‘ordinarily resident' and the term ‘ordinarily resident' should, therefore, be given its ‘natural meaning subject to any interpretation by the Courts'.
Where disputes do occur, the circular states that ‘...authorities should note that the provision of services for individuals requiring social work services should not be delayed because of the uncertainty about which authority is responsible, and that when an individual does not appear to have any settled residence, it is the responsibility of the authority where the person is living at that time to arrange any care required to meet his needs.'
However, where a person is already using a housing support service, there is scope to plan for and facilitate a move with ongoing housing support in place.
The Scottish Executive's Supporting People Guidance does anticipate that service users may wish to move between local authorities and states they should be encouraged:
‘7.1.5 Sometimes people may wish to move to another part of the country to reduce their isolation or to be close to a community of people form their background. Given the importance of informal support from family, friends and community groups these moves should be facilitated, not discouraged.'
The Guidance continues, ‘ these arrangements would only require cross-authority provision if the exporting authority had already assessed the person as needing housing support, and made the arrangements for them to receive these services in the new authority'.
By ‘cross-authority provision' the Guidance is referring to the arrangements whereby one local authority is paying for support provided in another local authority area.
Where an individual has undergone a needs assessment with the authority where they currently reside, then it is down to that authority (as the ‘exporting authority) to pay for support in the other authority (the ‘host authority') - but only if there is not a place available in that area already funded through Supporting People.
Draft SP protocols
Work was started by local authority SP Lead Officers in 2005 to develop protocols for local authorities to adopt to help ensure continued payment for services as people with housing support needs move from one area to another. The draft protocols remain draft because the work was overtaken by the then Scottish Executive's review of the definition of ‘ordinary residence'. The Cross Boundary draft proposal can be seen here.
Government review of ‘ordinary residence'
The Scottish Government is likely to conduct a consultation process on ‘ordinary residence' in 2007 with a view to finalising new regulations and guidance by May 2008. In the meantime the existing guidance on ‘ordinary residence' still applies.
Updated by Yvette Burgess 19.10.07
Community Care Division Circular CCD3/2010
Community Care Division Circular CCD3/2010. This came into effect on 6 April 2010)
http://www.sehd.scot.nhs.uk/publications/CC2010_03.pdf
Commissioner Orders Release of Glasgow Tender Information
The Scottish Information Commissioner has ordered Glasgow City Council to release details of the successful bid for its Street Outreach Service for the homeless.
The bid, jointly made by the charities Glasgow Simon Community and Barnardo's, must be released in full following the Commissioner's refusal to accept that disclosure would damage the commercial interests of the bidders or reveal a trade secret.
The Commissioner found that much of the withheld information simply described the service to be offered, while any financial information was specific to the particular service in question and would therefore be unlikely to assist a competitor in any future tendering process.
The Commissioner also refused to accept Glasgow City Council's claim that the tender document constituted a trade secret. He found nothing unique or secret about the tender and noted that the manner in which the service was provided would be visible to anyone coming into contact with it.
Kevin Dunion, the Scottish Information Commissioner, said: "An interesting feature of this case is that it involved charities competing for a contract with a public authority.
"I found that the information did involve the commercial interests of Barnardo's and Glasgow Simon Community but I could not accept the Council's claims that these interests would be substantially harmed by release, particularly as much of the information was either already publicly known, or would shortly become so. In any case I took the view that it would be in the public interest for details of the successful tender to be made known."
The tender information was requested under freedom of information by Streetwork, another charity involved in the provision of homeless services. More information can be found on the Information Commission's website.