Agenda item

Cabinet Member: Adult Social Care

Forward Plan Ref: 2014/157

Contact: Ben Threadgold, Policy & Performance Service Manager Tel: (01865) 328219

Report by Director of Adult Services (CA7).

The purpose of this report is to seek agreement on the new Adult Social Care Policy framework, to highlight its impact and to request decisions on some key areas where the framework either proposes change to current practice or confirms practice not previously included in formal policy.

The policy framework has been developed to address changes coming from the Care Act 2014 alongside other relevant legislation, (including the Children and Families Act 2014 where appropriate), government directives and the council's Adult Social Care Business Strategy and commissioning strategies. Much of what is proposed consolidates the approach that is already being taken in Oxfordshire.

 The policy framework is composed of five high level policies that define the council’s approach to Adult Social Care in Oxfordshire: 

• Assessment and Review

• Support Planning

• Contributions (paying for support and care)

• Appeals and Complaints

• Safeguarding.

Cabinet is RECOMMENDED to agree the proposed Adult Social Care policy framework, and in particular the following specific recommendations outlined in this report:

·       Authorises others to carry out reviews when appropriate while retaining oversight and responsibility

·       It is proposed that the council charges a single, flat arrangement fee for Deferred Payment Agreements of £680

·       Charges interest in relation to Deferred Payment Agreements at the maximum national rate (2.6% currently) and this is adjusted to reflect any changes in this level every six months

·       Passes property valuation costs to the individual in relation to setting up Deferred Payment Agreements and that they have the option to pay up front and in full or to add to the loan, in which case interest will be charged at the level set for the deferred payment agreement

·       Charges people who pay the full cost for their support and care other than in a care home a one-off fee for arranging this.  There will be two levels to this fee reflecting differing cost to the council incurred of simply negotiating a contract with a provider, or actively helping to manage the relationship between the provider and the individual:

o   £150 where the council acts as a broker, negotiating and agreeing care with a provider or providers on behalf of the individual

o   £500 where the council acts as a broker as above, and also manages the provision of the care and support on behalf of the individual (including paying the provider, quality and contract monitoring)

·       From 1^st April 2015, backdates charges for non-residential care as well as for residential care to the point at which the person started to have the support and care, while remaining committed to assessing people as soon as possible once eligible needs have been identified

·       Accepts complaints from people paying for their own care and support including through a Direct Payment, accepting that this may involve asking organisations providing care to investigate or sign posting to an appropriate place to investigate (for example the Local Government Ombudsman)

·       Does not charge carers a contribution to the cost of their support

·       Continues to provide equipment free of charge before full assessment to aid independence and reduce or delay needs for care.

Cabinet considered a report seeking agreement on the new Adult Social Care Policy framework, highlighting its impact and requesting decisions on some key areas where the framework either proposes change to current practice or confirms practice not previously included in formal policy.

Mr Hugh-Jones, Secretary of Oxfordshire Pensioners' Action Group, expressed concern at the method of assessing income referred to at paragraph 65 of the report. In particular the notional addition added to assessed income would mean pensioners would be put in a position of having to pay. He asked for a simple graph that would show the weekly income plotted against the weekly contribution. The Director for Adult Social Services undertook to provide the information requested. Councillor Heathcoat noted that both she and officers had explained the position previously but she was sure that it could be explained further.

Councillor Price, Shadow Cabinet Member for Adult Social Care, referred to the implications of the Care Act and the uncertainties that it created that would only be resolved once it was implemented. There was a need to ensure that there was funding. She asked a number of detailed questions relating to the eligibility criteria, interest on deferred charges, capping and brokers for care.

Responding to the comments made Councillor Heathcoat stated that the Council would have to meet its statutory obligations. The report was very full but at this stage there would always be some elements unanswered. She emphasised that they were in a good place with others interested in the work Oxfordshire was doing.

Councillor Heathcoat introduced the contents of the report and corrected the figure in paragraph 54 of the report which should read '1.49m'.

RESOLVED:          to agree the proposed Adult Social Care policy framework, and in particular the following specific recommendations outlined in this report:

·       Authorises others to carry out reviews when appropriate while retaining oversight and responsibility

·       It is proposed that the council charges a single, flat arrangement fee for Deferred Payment Agreements of £680

·       Charges interest in relation to Deferred Payment Agreements at the maximum national rate (2.6% currently) and this is adjusted to reflect any changes in this level every six months

·       Passes property valuation costs to the individual in relation to setting up Deferred Payment Agreements and that they have the option to pay up front and in full or to add to the loan, in which case interest will be charged at the level set for the deferred payment agreement

·       Charges people who pay the full cost for their support and care other than in a care home a one-off fee for arranging this. There will be two levels to this fee reflecting differing cost to the council incurred of simply negotiating a contract with a provider, or actively helping to manage the relationship between the provider and the individual:

o   £150 where the council acts as a broker, negotiating and agreeing care with a provider or providers on behalf of the individual

o   £500 where the council acts as a broker as above, and also manages the provision of the care and support on behalf of the individual (including paying the provider, quality and contract monitoring)

·       From 1^st April 2015, backdates charges for non-residential care as well as for residential care to the point at which the person started to have the support and care, while remaining committed to assessing people as soon as possible once eligible needs have been identified

·       Accepts complaints from people paying for their own care and support including through a Direct Payment, accepting that this may involve asking organisations providing care to investigate or sign posting to an appropriate place to investigate (for example the Local Government Ombudsman)

·       Does not charge carers a contribution to the cost of their support

·       Continues to provide equipment free of charge before full assessment to aid independence and reduce or delay needs for care.