Choosing a care home on discharge from hospital: guidance

Annex A: Choice Directions

SOCIAL WORK (SCOTLAND) ACT 1968

(CHOICE OF ACCOMMODATION) DIRECTIONS 1993

The Secretary of State, in exercise of the powers conferred by section 5(1A) of the Social Work (Scotland) Act 1968^[3] and of all other powers enabling him in that behalf, hereby makes the following Directions:

Citation and Commencement

1. These Directions may be cited as the Social Work (Scotland) Act 1968 (Choice of Accommodation) Directions 1993 and shall come into force on 1 April 1993.

Local authorities to provide preferred accommodation

2. Where a local authority has assessed a person under section 12A (assessment) of the Social Work (Scotland) Act 1968 ("the 1968 Act”)^[4] and have decided that accommodation should be provided under Part Il of the Act^[5], the local authority shall, subject to paragraph 3 of these Directions, make arrangements for accommodation under Part Il of the Act for that person at the place of his choice (in these Directions called "preferred accommodation") if he has indicated that he wishes to be accommodated in preferred accommodation.

Conditions for provision of preferred accommodation

3. Subject to paragraph 4 of these Directions the local authority shall only be required to make or continue to make arrangements for a person to be accommodated in his preferred accommodation if -

Preferred accommodation outside range of cost regarded by local authority's as reasonable

4. (1) Subject to sub-paragraphs (2) and (3) below, paragraph 3(b) of these Directions shall not apply to a local authority which makes arrangements which cost more than the local authority would usually expect to pay in order to provide a person with his preferred accommodation if a third party's contribution to that person (which is treated as that person's resources as assessed under the National Assistance (Assessment of Resources) Regulations 1992^[6] is such that he can reasonably be expected to pay for the duration of the arrangements an which is at least equal to the difference between -

Under Secretary
Scottish Office
Edinburgh

16 March 1993