Conwy County Borough Council

Consultation DC LCO

Question 1 - What are your views on the general principle that legislative competence in the area identified in matter 15.9 be conferred on The Assembly.

The constitutional context set out in points 1-7 of the memorandum from The Deputy Minister for Health & Social Services is recognised and accepted.

Question 2 - What are your views on the terms of the proposed order e.g. are they too narrowly or broadly drawn?

The memorandum from the Deputy Minister for Health & Social Services indicates the intention, through the granting of the order, to limit the discretion of Local Authorities to set charging policies to meet local needs as they see it.

Reference is made to the possibility of the Welsh Assembly Government setting the level of charging at nil for specific services or specific client groups.  The point is also made that the rising pressure on services with budgets increasing more slowly is 'likely to mean that individual Local Authorities will increasingly feel compelled to put up charges’.

The effect of the granting of the proposed Order would be to grant the WAG greater control over one aspect of local government financial management and service provision.  From the Conwy perspective where the percentage of older people and those requiring domiciliary care support is the highest in Wales, it is essential that the granting of new measures which would have the effect of controlling or limiting the Authority’s ability to raise income is accompanied by a specific grant which is long term and based on individually assessed need rather than a standard formula which fails to include all relevant data.

It is important to recognise that in addition to the needs of their population, Local Authorities are subject to local market forces when commissioning from the private sector.

Local Authorities currently have discretion in the setting of eligibility criteria, proper compensation in relation to any charging restrictions imposed is essential to support the preventative agenda and the emphasis on domiciliary (as opposed to residential) care. Particularly in the current context of the developing Health agenda, to support the management of chronic conditions within the community as opposed to secondary care.

Question 3 - Do you consider that the excepted matters would hinder the effectiveness of any future proposed measures brought forward under matter 15.9 if so please explain why.

No significant changes to the current position are envisaged.