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

Glossary of terms

Arrangements

Where a local authority enters into a contract with a care provider for the purpose of providing an individual with accommodation and/or services under the relevant legislation listed in section 86 of the 1968 Act. Anything less than contracting, such as assisting, is not arranging.

"Care provider" in this context means a person who is providing a care service (as defined in section 47 of the Public Services Reform (Scotland) Act 2010) which is registered under section 59 of the 2010 Act. The care provider may or may not be another local authority, depending on the circumstances.

Local authorities may wish to consider using the protocols provided at Annexes D-F for this purpose.

Assistance

Assistance includes the provision of information, help and advice to an individual who is considering moving out of area.

Responsible authority

It should be noted that definitions of 'responsible authority' are specific to their legislative purpose. For the purpose of this guidance, this term refers to the authority that has a duty or power to provide the individual with accommodation and/or services under: the Social Work (Scotland) Act 1968, Part II of the Children Scotland Act 1995, sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003, or the Children's Hearings (Scotland) Act 2011. The responsible authority may or may not be the local authority of ordinary residence. Responsibility ceases where an individual decides to move to another area of their own accord.

Self-arranger

Where an individual (or in cases where the individual lacks capacity, their proxy decision-maker) arranges care of their own accord, rather than a local authority arranging this.