P&P Amendments to Social Care (Self Directed

Support) (Scotland) Bill

Social Care (Self-directed Support)(Scotland) Bill Local authorities must offer 4 options:

Option 1 The person receives a Direct Payment – full control of the Individual Budget.

Option 2 The person chooses the support they want but the budget is managed by a third party.

Option 3 The local authority selects, arranges and manages the support

Option 4 The person chooses a mixture of the above options.

P&P Amendment No assumption of a lower resource for Option 1 or Option 2, than for Option 3

Rationale There is a concern amongst providers that local authorities may allocate a lower resource for people who choose Option 1 (a Direct Payment) or Option 2. Local authorities often set low Direct Payment rates (£10.50 per hour) which can restrict the choice of individuals receiving support.

The Minister was concerned that this amendment would 'restrict flexibility without a full understanding of the potential consequences of doing so’ and maintained the Scottish Government Stage 2 amendment (a transparent resource against each option), along with statutory guidance, training and implementation of the SDS strategy would address the underlying issue (fairness of rates set between options). Rejected at Stage 3 at debate on 28th November For inclusion in the Guidance

P&P Amendment New duty on local authorities: to promote a range of providers and types of

support

a local authority must, in so far as reasonably practicable, promote

a) the availability of providers of support andb) the variety of support provided by it and

other providers.

The Minister welcomed this amendment noting that to 'deliver real choice, local authorities must strive to encourage suitable diversity in the choices that are available to people.’

Accepted at Stage 3 Supported by the Minister.

Amendments at Stage 3•Right to Independent Advocacy – Accepted Duty on local authorities to provide information about independent advocacy

•Information for children - AcceptedDuty on local authorities to give a child an explanation of and information relating to their options for self-directed support in a form appropriate to that child and their maturity.

•Charging for Carers - Rejected For inclusion in the Regulations The Regulations will make it clear that all charges for carers should be waived in whole. Carers will not be charged for the support they receive.

•Scheme of Regulation for Personal Assistants RejectedThe Minister said: 'A number of disabled people's organisations have made it clear that a scheme to require registration of Personal Assistants would remove the individual's decision making power over whom they employ to meet their support needs.... A framework of protection already exists to provide safeguards to protect people who employ or receive support from Personal Assistants.'

Social Care (Self-directed Support) (Scotland) Bill PassedThe Stage 3 debate was the final stage in the parliamentary process and the Bill received royal assent on 10th January.

The Social Care (Self Directed Support)(Scotland) Act 2013, as passed by parliament, is available here:http://www.legislation.gov.uk/asp/2013/1/contents/enacted

You can read the full transcript of the Stage 3 debate here:http://www.scottish.parliament.uk/parliamentarybusiness/28862.aspx?r=7569&mode=pdf