Question reference: S5W-01050
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
- Date lodged: 27 June 2016
-
Current status: Answered by Aileen Campbell on 20 July 2016
Question
To ask the Scottish Government whether it is aware of any occasions when local authorities have disregarded the Statutory guidance to accompany the Social Care (Self-directed Support) (Scotland) Act 2013 with regard to offering direct payments as one of the care options for adults.
Answer
<>The Social Care (Self-directed Support) Act 2013 is founded on the principles of dignity, empowerment and collaboration. It places firm duties on local authorities to offer a range of options for how social care support is delivered and to give individuals the support and information required to enable them to make informed choices. This includes the option of a direct payment. The statutory guidance that accompanies the Act states all options must be described in full.
Under the Direct Payment Regulations 2014 the only circumstance where the authority is not permitted to offer a direct payment is in relation to the provision of long-term residential or nursing care to persons of any age.
The local authority can use a ‘duty of care’ discretion whereby they are not required to offer the option of a direct payment where it is likely that the making of a direct payment will put the safety of the supported person at risk.