National Assembly for Wales

Coalition on Charging Cymru

The National Assembly for Wales (Legislative Competence) (No.4) Order 2008

Response to the Proposal for a Legislative Competence Order relating to charging for Non-Residential Social Care (Domiciliary Care)

Introduction

The Coalition on Charging Cymru (COCC) is a consortium of voluntary organisations representing the interests of older people, disabled people and carers. It was established in 2001 when the Welsh Assembly Government issued a consultation document entitled 'Fairer Charging Policies for Home Care and other non-residential Social Services: Guidance for Local Authorities’.

 COCC aims to raise awareness of the effects of charging for community care services on older people, disabled people and carers and works to bring an end to this policy.

In addition to its cross-Party lobbying and other activities COCC was represented on the three successive WAG Task and Finish Groups that advised on its charging policy: disability related expenditure (2002); the 2003 Free Home Care Manifesto Pledge; and the package of measures announced by the then Health and Social Services Minister in February 2006.

COCC met on 18 January 2008 to draft its collective response which was circulated to all members for further comment. Members will also be responding on behalf of their own organisations. COCC’s response falls into three areas:

  • Overall response to WAG seeking a legislative competence order (LCO)
  • LCO Remit
  • LCO Definitions

Overall response to WAG seeking a legislative competence order

Charging is a significant issue to thousands of people across Wales who receive services through a community care assessment to enable them to live independently at home. It is fitting that WAG should take a leadership role in seeking powers to address charging and COCC is proud of the role it has played over seven years in reaching this point.

Tackling how community care services are paid for is a key element in achieving WAG’s aspirations as set out in Fulfilled Lives, Supportive Communities (2007). While reneging on its Free Home Care Pledge, WAG has introduced measures to mitigate the effects of Charging by increasing the 25% buffer to 35% and introducing a 10% allowance for disability related expenditure.

There are further actions that can improve matters under the powers that WAG currently holds and COCC urges them to do so while this legislative process is underway. These include not charging against Occupational Pensions or taking spouses’ income into account, not charging Direct Payments at source and raising the savings threshold.

Despite the compensation awarded by WAG to local authorities for the loss of income incurred through introduction of the new measures, COCC is concerned to learn that some Social Services are raising their hourly rate and their maximum weekly charge. In one local authority the hourly rate was raised from £4.50 to £7.00, apparently without consultation. Across a region, hourly rates can vary from £7.00 to £11.56. Information about local authority charging policies is difficult to obtain and appeals mechanisms arbitrary and intimidating. In one local authority the Appeal Panel consisted of 11 members, in another authority, individual charges have been successfully challenged but only by recourse to engaging legal advice.

LCO Remit

COCC calls for the remit of the LCO to be as wide as possible so that it is inclusive of the range of needs among those assessed as requiring community care as well as range of non-residential services offered to support such individuals. Services to people with learning difficulties for example tend to differ in nature from those for people with physical or sensory impairments. Furthermore the remit should be anticipatory of new arrangements to meet needs such as individualised or personalised budgets.

LCO Definitions

COCC urges that terminology used should be capable of broad definition. Attempting to define 'disabled person’, 'home care’ and even 'free’ in the Task and Finish Group established to advise the Minister on the Manifesto Pledge was a salutary experience concerning the pitfalls of inappropriately worded commitments.

For this reason COCC raises concerns about the following:

  • COCC notes that in the LCO the term used is 'social care’. Is this synonymous with 'community care’ and will the proposed LCO apply to all services provided by a Community Care Assessment? Does it link back to the primary legislation upon which such assessments rest?
  • COCC questions the use of 'particular’, i.e. "in respect of individuals with particular needs relating to their well being”. How will 'particular’ be defined in this context?

Conclusion

COCC trusts that as stated by the Deputy Minister for Social Services in the Plenary Debate on 28 November 2007 that the LCO is framed widely enough to result in nil charges thus facilitating the end of one of the most flawed systems in the Welfare State whereby those with the highest need and lowest incomes pay twice for vital support.