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

Key Principles

The following guiding principles should be applied in all cases in order to ensure a person-centred approach is adopted:

• The welfare of the individual is paramount;

• The individual should be able to choose where and how they live whenever reasonably practicable, taking account of the individual's assessed needs;
• The individual's needs should be met by the local authority in which the individual is physically present at the time when the need for community care services arises (the local authority of the moment) at the earliest opportunity and disputes about payment should not result in delays in meeting need.
• Reciprocity and co-operation. The smooth functioning of out of area placements is in the interests of all parties and most importantly the interests of those in need of care. All authorities are expected to co-operate fully and communicate properly.