The recovery of expenditure on accommodation and services under section 86 of the Social Work (Scotland) Act 1968: guidance

Footnotes

1. By virtue of section 5 of the Social Work (Scotland) Act 1968, local authorities shall perform their functions under the general guidance of Scottish Ministers.

2. These should be read alongside the guidance and case studies.

3. Either by making arrangements with another local authority who undertakes to provide, or secure the provision of, the relevant care or by contracting with a care provider directly or by providing the care directly.

4. 'community care services' is defined in section 12A(8) of the 1968 Act as "services, other than services for children, which a local authority is under a duty or has a power to provide, or secure the provision of, under Part II of this Act or section 25, 26 or 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003".

5. See Part 3 for guidance on referring disputes to Scottish Ministers for a Determination under section 86(2) of the 1968 Act.

6. Within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978.

7. Established under the National Health Service Act 2006, the National Health Service (Wales) Act 2006 or section 12A of the National Health Service (Scotland) Act 1978.

8. See paragraphs 21-30 below for guidance on determining the ordinary residence of persons who lack capacity.

9. In relation to adults, 'proxy' is the general term used for someone who has been authorised under the Adults with Incapacity (Scotland) Act 2000 to act and make decisions on behalf of an adult with incapacity.

10. For further information on the 2000 Act, see publications available at: http://www.gov.scot/Topics/Justice/law/awi/010408awiwebpubs

11. See Annex A.

12. In accordance with the Social Work (Scotland) Act 1968 (Choice of Accommodation) Directions 1993.

13. http://www.scotland.gov.ukaee2c37c-c5ea-495e-b263-6037ff5402ab

14. As defined in regulation 2(1) of The Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003.

15. From being a looked after child to independent adult living.

16. As defined in the glossary.

17. In accordance with the Social Work (Scotland) Act 1968 (Choice of Accommodation) Directions 1993.

18. For example, where the individual happens to be in the authority's area at the time of need.

19. In accordance with the Social Work (Scotland) Act 1968 (Choice of Accommodation) Directions 1993.

20. Those are: the Social Work (Scotland) Act 1968; Part II of the Children (Scotland) Act 1995; or sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

21. See paragraphs 67-69 on transitional arrangements.

22. See paragraphs 1-30 above on establishing ordinary residence.

23. As defined in the Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Regulations 2015 which are intended to be in force in June 2015.

24. See also the Community Care (Free Personal and Nursing Care) (Scotland) Regulations 2002 (S.S.I. 2002/303) as amended by S.S.I. 2008/78.

25. See glossary.

26. As defined by section 86(4) of the Social Work (Scotland) Act 1968.

27. On the grounds of efficiency it would seem most appropriate for the providing authority to carry out reviews on behalf of the responsible authority. Subject to the terms of this protocol, the provider authority could then recover the associated costs from the responsible authority. It would seem reasonable to calculate any reimbursement on the basis of: Hourly Rate (including on costs) X Time taken to carry out assessment plus travelling costs and time.

28. On the grounds of efficiency it would seem most appropriate for the providing authority to carry out reviews on behalf of the responsible authority. Subject to the terms of this protocol, the providing authority could then recover the associated costs from the other authority. It would seem reasonable to calculate any reimbursement on the basis of: Hourly Rate (including on costs) X Time taken to carry out assessment plus travelling costs and time.

29. As defined in section 86(6) of the Social Work (Scotland) Act 1968.

30. As defined in section 86(6) of the Social Work (Scotland) Act 1968.