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making a difference to the lives of people with severe learning disabilities
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Wales - Understanding the Funding
Recent government policy has moved towards enabling disabled people and their families to have more control over the funding that provides their care and support, and there are a number of opportunities available, such as direct payments and indirect payments.
Direct Payments
When the Local Authority assess that a person's needs are eligible for a service and funding is agreed to meet those needs, the person can choose to take the funding from the Local Authority directly rather than have them organise the service. The person takes on the responsibility of organising and managing the way their needs will be met. This may involve directly employing helpers (usually known as 'personal assistants') or directly contracting with an agency. The person will also be expected to keep records for monitoring and auditing by the Local Authority to show that the direct funding (that is 'Direct Payments') is spent appropriately.
The advantage of such a scheme is that a person can tailor the support needed to suit his or her own preferences and choose who delivers that support. This places the person in control. Whilst it is necessary for the person to consent to this option, they do not need to manage or run the scheme themselves but can nominate another or others to look after the day-to-day 'business'. Once this is in place, the Local Authority has a duty to make Direct Payments.
Support services are available to help individuals and their families along the path of exploring this option (contact your local authority). Help is also available with recruitment, budgeting, payroll and monitoring.
Indirect Payments
When a person does not have the capacity to consent to Direct Payments, it may be possible for the Local Authority to agree to make the agreed funding available to a third party. The third party is usually set up as a Trust, with the Trustees taking responsibility for the organising, managing and monitoring of the provision.
Capacity to consent
Consent is when someone accepts or agrees to something that somebody else proposes. For consent to be legal and proper, the person consenting needs to have sufficient mental capacity to understand the implications and possible consequences of his or her actions. In cases where an individual is judged not to have capacity to consent, a group of involved people from a range of backgrounds (e.g. health, education, social services, family, advocate) can come together and discuss the issue and what course of action would be in the best interests of the person, and then make a decision on their behalf.
Trust and Trustees
A trust is an arrangement whereby money or property is owned and managed by one person (or persons, or organisations) for the benefit of another. Trustee is a legal term that refers to the holder of property on behalf of some other beneficiary therefore a person who knowingly takes possession of trust funds is a Trustee. Trustees can only act jointly and unanimously in decisions regarding those trust funds.
Whilst the Local Authority does not have a duty to make Indirect Payments, it will consider the option if circumstances make the Direct Payments option a non-starter.
For more information:
The National Centre for Independent Living: Telephone 020 7587 1663 or visit www.ncil.org.uk
Direct Payments: 'A parents guide to Direct payments' (Department of Health) - telephone 08701 555 455, email dh@prolog.co.uk or visit www.dh.gov.uk/publications
The Social Care Institute for Excellence (SCIE) has a booklet entitled "Direct payments: frequently asked questions" which is available free. Telephone 020 7089 6840