P&P Amendments
to Social Care (Self Directed
Support) (Scotland) Bill
Social Care (Self-directed Support)
(Scotland) Bill
Local authorities must offer 4 options:
Option 1 The person receives a Direct
Payment – full control of the Individual Budget.
Option 2 The person chooses the support they
want but the budget is managed by a third
party.
Option 3 The local authority selects, arranges
and manages the support
Option 4 The person chooses a mixture of the
above options.
P&P Amendment
No assumption of a lower resource for Option 1 or Option 2,
than for Option 3
Rationale
There is a concern amongst providers that local authorities may allocate
a lower resource for people who choose Option 1 (a Direct Payment) or
Option 2. Local authorities often set low Direct Payment rates (£10.50
per hour) which can restrict the choice of individuals receiving support.
The Minister was concerned that this amendment would 'restrict
flexibility without a full understanding of the potential consequences of
doing so’ and maintained the Scottish Government Stage 2 amendment
(a transparent resource against each option), along with statutory
guidance, training and implementation of the SDS strategy would
address the underlying issue (fairness of rates set between options).
Rejected at Stage 3 at debate on 28th November
For inclusion in the Guidance
P&P Amendment
New duty on local authorities:
to promote a range of providers and types of support
a local authority must, in so far as reasonably
practicable, promote
a) the availability of providers of support and
b) the variety of support provided by it and other
providers.
The Minister welcomed this amendment noting that to
'deliver real choice, local authorities must strive to
encourage suitable diversity in the choices that are
available to people.’
Accepted at Stage 3 Supported by the Minister.
Amendments at Stage 3
• Right to Independent Advocacy – Accepted
Duty on local authorities to provide information about independent
advocacy
• Information for children - Accepted
Duty on local authorities to give a child an explanation of and
information relating to their options for self-directed support in a form
appropriate to that child and their maturity.
• Charging for Carers - Rejected For inclusion in the
Regulations The Regulations will make it clear that all charges for
carers should be waived in whole. Carers will not be charged for the
support they receive.
• Scheme of Regulation for Personal Assistants Rejected
The Minister said: 'A number of disabled people's organisations have
made it clear that a scheme to require registration of Personal Assistants
would remove the individual's decision making power over whom they
employ to meet their support needs.... A framework of protection already
exists to provide safeguards to protect people who employ or receive
support from Personal Assistants.'
Social Care (Self-directed Support) (Scotland) Bill
Passed
The Stage 3 debate was the final stage in the parliamentary
process and the Bill received royal assent on 10th January.
The Social Care (Self Directed Support)(Scotland) Act 2013,
as passed by parliament, is available here:
http://www.legislation.gov.uk/asp/2013/1/contents/enacted
You can read the full transcript of the Stage 3 debate here:
http://www.scottish.parliament.uk/parliamentarybusiness/28
862.aspx?r=7569&mode=pdf