Sally Ellis
Cyfarwyddwraig Corfforaethol : Gwasanaethau Cymdeithasol a Thai

Neil Ayling
Pennaeth Gwansanaethay i Oedolion

Head of Adult Services

Nicola Francis
Pennaeth Gwasanaethau Plant a Theuluoedd

Head of Children and Family Services

Eich cyf / Your ref Consultation DC LCO
Ein cyf / Our ref NA/ML/AHJ
Dyddiad / Date23^rd January 2008
Rhif union / Direct dial01824 706654
E-bost / E-mail neil.ayling@denbighshire.gov.uk

Ruth Hatton
Deputy Committee Clerk
Legislation Office
National Assembly for Wales
Cardiff Bay
CF99 1NA

Dear Ruth,

Re: Consultation - Proposed Domiciliary LCO Committee - The National Assembly for Wales (Legislative Competence) (No.4) Order 2008 relating to charging for Non-Residential Social Care (Domiciliary Care)

Please find below our response in relation to the above consultation:

Denbighshire County Council is supportive of the general principle that legislative competence in the area identified in Matter 15.9 be conferred on the Assembly.

It is possible that the delegated responsibility would be necessary in order to deliver some of the intentions the Welsh Assembly Government has put forward in its strategy.

However, the proposals suggested with regard to imposing greater controls over charging for domiciliary services are not without implications which would need serious consideration:

• The document acknowledges that Local Authorities are experiencing great pressure on services.  Moreover it also states that it will have no power to legislate in respect of charges levied by private care providers.  In real terms this would mean that the gap between the cost of the service and the amount which a Local Authority could recharge the service users would inevitably widen.  Unless the Welsh Assembly Government intends to fully fund any such gap in budgets, there will be an unavoidable growth (change?) in eligibility criteria reducing service provision.
• The emphasis on reducing charges is extremely worrying it if does not also result in higher grant allocations to Local Authorities.  As already stated, without an increased level of funding, services are bound to suffer.
• If the Welsh Assembly Government wishes to continue the shift from residential to domiciliary services, it is hard to understand why the two services should be treated so differently.  The maximum amount a resident has to pay for residential and nursing care is the full cost to the authority.  Surely the maximum cost a domiciliary service user should pay should equally be the full cost to the Authority.  Home based services are often far more expensive to deliver than residential services.  If the potential income is also so much less it could result in residential services becoming more attractive to Local Authorities.  Again, in times of budgetary restrictions, the less expensive service is likely to be the most attractive.
• Removing the 'post code lottery’ of different charges in different Local Authorities is laudable.  But again the suggestion is that the Authorities currently charging most will lose income which would not necessarily be recompensed by higher budgetary allocations.
• Possibly of more concern is the gap between what is charged in England and what would be charged in Wales.  The North Wales Coast already suffers from the ingress of people wishing to retire here.  That would be very much more the case if Wales were to deliver services free of charge which are chargeable in England.  Scotland is already suffering from its implementation of free services but, being far more isolated, is less likely to experience a large growth in its population.  Wales is unlikely to be so protected.

Denbighshire County Council does, therefore, approve of the general principle, but has grave concerns about the proposed use of the legislative competence.  The examples of changes which might be implemented with those powers could well cause irrevocable damage to the delivery of social services in Wales and increase demand beyond what is affordable for the Country as a whole, across the range of local government services.

Yours sincerely

Neil Ayling
Head of Adult Services

Cyfarwyddiaeth Gwasanaethau Cymdeithasol a Thai,
Ty Nant, Llys Nant, Prestatyn, Sir Ddinbych. LL19 9LG
Ffon 01824 706655 Ffacs 01824 706660
Gwefan: www.sirddynbych.gov.uk
Directorate of Social Services & Housing
Ty Nant, Nant Hall Road, Prestatyn, Denbighshire. LL19 9LG
Tel 01824 706655 Fax 01824 706660
Website: www.denbighshire.gov.uk