Supported living clients support delivered in their homes

1. With regard to supported living clients, who have care and support delivered to them in their own homes occupied under tenancies signed by either them or their authorised representatives or by administrative order from the Court of Protection, what percentage receives their budget via a direct payment, directly or indirectly under sections 31 or 32 of the Care Act, as opposed to receiving a commissioned service?

2. Do you provide any general advice or information to those interested in the welfare of people for whom supported living is regarded as an appropriate way of meeting their needs, about the possibility of receiving their budget via a direct payment? Please link us to it if so.

3. Does your council have any kind of a policy or practice whereby people who are tenants in supported living, whether it counts or not as 'specified' accommodation, are not permitted to receive their budget by way of a direct payment?

4. In an individual's situation if he, she, they or their advocate or informal supporter were to enquire about the possibility of their having a direct payment for their budget in supported living, how would the care plan/budget sign-off officer or officers approach that question with regard to the fact that one is allowed to refuse a direct payment on the basis that it is not an appropriate way of meeting a need?

5. In supported living households where you make a contract for the meeting of needs of the people sharing the house with one care provider, how do you achieve compliance with s25(11) of the Care Act if the occupants or any one of them does not have sufficient mental capacity to consent to sharing their care plans and the budgets required to meet each person's individual needs? Please provide a prose answer if none of the following apply:

a. you believe you can make a best interests decision as the council responsible for meeting the needs and that that is sufficient to comply with the very specific contents of that particular section?

b. you believe that the consent of people's best interests consultees is sufficient to comply with that section?

c. you believe that a registered finance and property power of attorney or deputyship is sufficient to comply with that section?

d. you believe that only a registered welfare power of attorney or deputyship is sufficient to comply with that section?

1. For people currently having a supported living service recorded in our system, receives a commissioned service and a not budget via a direct payment. Therefore, we are unable to provide the information requested.

2.

Please see attached.

Direct Payment policy

Direct Payment Fact Sheet,

Care and support Planning in Lincolnshire 

Care and Support in Lincolnshire

Personal Budgets in Lincolnshire

Should you require the attachments mentioned above please contact customerinformationservice@lincolnshire.gov.uk with the below reference number and this can be provided.

https://www.lincolnshire.gov.uk/adult-social-care/personal-budget

3. No. Lincolnshire County Council does offer direct payments for personal budgets, allowing individuals to manage their own care and support needs. There is no specific policy that restricts tenants in supported living from receiving their budget via direct payment. Direct Payments cannot be used for permanent residency in a registered care home, but community supported living is not specified as ‘residential’ care.

4. If by ‘one’ – it is referring to the person, from Direct Payments policy “Direct Payments may not be suitable for everyone. You may decide to have a service arranged for you by us. This will normally be the case if you want to have your support provided by an organisation that we already buy support from.” – a person can choose to refuse a Direct Payment.

If by ‘one’ – ii is referring to an officer, from the policy “There will be times where a person wants a Direct Payment, but it may be concluded that this is not suitable. Reasons for this could be that the person wants to spend money on things that would not meet assessed needs or if the person does not have the ability or capacity to manage the budget and there is not a suitable person to do this on their behalf. When becoming an employer, a person needs the right understanding and approach to manage a Direct Payment.”

Where a person requests a Direct Payment, Lincolnshire County Council will consider their request against the conditions set out in the Care and Support Plan (Direct Payments) Regulations 2014. https://www.legislation.gov.uk/uksi/2014/2871/pdfs/uksi_20142871_en.pdf

Adult Care Procedures, Practice Guidance and Tools “A direct payment cannot be provided to meet the needs of anyone who is subject to a requirement, license or order under criminal legislation that requires them to undertake drug or alcohol rehabilitation, behaviour therapy or testing.” Direct Payments - https://lincolnshireadults.trixonline.co.uk/chapter/direct-payments?search=direct%20payments

Adult Care Procedures, Practice Guidance and Tools – “If the same outcomes can be achieved for the person/carer, the Local Authority can decide not to provide a direct payment if it is more cost-effective to commission a service directly, so long as this does not have a negative impact on any flexible manner in which the service needs to be provided.” Direct Payments - https://lincolnshireadults.trixonline.co.uk/chapter/direct-payments?search=direct%20payments

5.

a-b. Where a person lacks mental capacity to request a Direct Payment, an ‘authorised person’ can request a Direct Payment on their behalf. In the first instance, Lincolnshire County Council will look to any person who has been granted Lasting Power of Attorney or appointed by the courts to act as a deputy for the person who lacks capacity, for Health and Welfare, to ensure they support the request.

If someone has been found as lacking the capacity to consent to receive Direct Payments, and yet Direct Payments would be beneficial, a Direct Payment can be made if there is someone who is willing and able to fulfil the role of an "authorised person". The law tells the council who can act as this authorised person. This is either:

a)         A Court of Protection deputy for Health and Welfare or an Attorney under a Lasting Power of Attorney for Health and Welfare

b)         Where the person is not authorised as mentioned in paragraph (a), but a person who is so authorised agrees with the local authority that the person is a suitable person to whom to make Direct Payments, or

Where no one fills a) or b) above the authorised person can be someone who the authority considers to be a suitable person for Direct Payment purposes, following a decision specific Mental capacity Assessment and Best Interest decision.

 A suitable person is someone who the Local Authority is satisfied will act in the best interest of the person receiving care and support when arranging support and services, and who;

a.         is willing to receive and manage the Direct Payment; and

b.         is capable of managing the direct payment .