Councillor Tuffin, Cabinet Member for Health and Adult Social Care reported that the driver for this policy was fairness, fairness to taxpayers, services users and the local authority.  It was reported that some services users were charged for their care and some weren’t.  This was a needs led service, for example, if a person moved into Plymouth and required a package of care this would have to be provided by the local authority.

Dave Simpkins, Assistant Director for Co-operative Commissioning provided the panel with a presentation on Fairer Charging.  It was highlighted that charging for non-residential services was discretionary.  There was no statutorily defined procedure for assessing non-residential charges and Section 17 of the Health and Social Services and Social Security Adjudications Act 1983 (HASSASSAA) enables local authorities to recover such charge (if any) for a service as they consider reasonable.

Non-residential services include -

·                     Day care;

·                     Personal care at home;

·                     Home care;

·                     Supported living;

·                     Direct payments;

·                     Respite for the carer – up to 28 days;

·                     As well as a range of individually commissioned services to meet an individual service user’s needs.

It was also reported that –

·                     the Council’s new Fees and Charges policy reflects the Corporate Plan objective that Plymouth is a Fairer City where everyone one does their bit;

·                     It has as a general principle that every service user should make a contribution towards the cost of their service provision with the charging being based on the ability to pay;

·                     Charging should promote fairness between different service users and promotes independence and social inclusion;

·                     Care related benefits should be used to pay for care costs to meet needs and maintain independence.

They undertook a consultation and questionnaires were sent to service users and drop in events were held across the city.  This was one of the largest consultations undertaken with over 1,100 surveys returned.

In response to questions raised, it was reported that -

(a)           they were in the process of producing an information sheet to distribute carers and users on the changes;

(b)          staff were competent to undertake their roles and were all trained on the changes to help maximise the benefits for individuals;

(c)           they had tried to be inclusive of all groups and always work with advocates or family members when meeting with people with disabilities or mental health problems;

(d)          for those individuals aged 16 to 25 years with special needs would be provided with a care plan to help with the transition from childhood into adulthood;

(e)          when applying the percentage they took into account individuals varying levels of need and felt that 30 percent was about right for the disregard.  The local authority has serious budgetary issues and they wanted a figure that was fair and equitable for all service users.  They were seeing a significant increase in the complexity of people’s needs and had to manage this in terms of finance and felt that £1.2 m was justifiable;

(f)            for those individuals who experience difficulties with making payments officers would work closely with those individuals on the reasons why they cannot pay and provide advice on budgeting skills.  It was reported that no civil action had been used to collect outstanding payments.

Agreed that Caring Plymouth fully supported and commend the following recommendation to Cabinet -

To agree the proposed fairer charging policy as submitted which takes into account 70 percent of Disability Living Allowance, Attendance Allowance and Severe Disability Allowance as income, with the remaining 30 percent being disregarded to cover additional disability related expenditure. The proposal includes the ability for individuals to request an assessment and provide evidence of their disability related expenditure if they consider that their expenditure is greater than the equivalent of the 30% disregard.

Caring Plymouth also made the following recommendations and agreed that-

1.       a review of the Fairer Charging Policy is undertaken every 6 months over the next 2 years;

2.       Cabinet should consider that through the Fairer Charging assessment process, whole household Benefits Assessments should be offered to ensure maximisation of benefits is taken up;

3.       information around the Care Act to be provided to the panel with a possible joint review with Ambitious Plymouth on how the Care Act will impact on young people moving into adulthood;

4.       the panel support the £1.2 m in income from Fairer Charging to reduce the £2.2m deficit within Adult Social Care;

5.       through the assessment process for people with learning disabilities ensure that an adequate advocacy service is in place.

The panel felt assured that the consultation process was undertaken appropriately and that the Fairer Charing Policy is fair and equitable.

(Councillor Mrs Nicholson was not present for this item).