Self-directed Support: Draft Guidance on Care & Support - Easy-Read Summary

Section 9 More guidance

This section gives more information about care and support for specific groups of people.

9.1 Children and families

The law says that the local council must look after and promote the welfare of children in need. It must also provide services and support so children can stay with their families.

Some children will get support from one organisation. Some children will get it from a few organisations. Each child must have their support written up in ONE plan that is shared and used by everyone.

If a young person is aged 16-18, then they can choose how they want their support and what option they want.

If a child is aged under 16, then their parent or guardian will make decisions about the child's support.

Children must be involved in deciding what happens as much as possible. The local council must give the child information about the options for self-directed support in a way that they will understand.

Moving from children's support into adult support

Growing up means taking more responsibility and becoming more independent. Disabled children make take longer to do this.

Disabled children and their families will want to think about which option is best for them. Options 1 and 2 have lots of flexibility and can help someone to have more independence. Option 4 gives the chance for a young person to try out managing a small part of their support.

Making decisions

Some young people are not able to make decisions for themselves. Some children will continue to need help with decisions after they are adults (aged over 16).

Professionals must tell the child and their family about the Adults with Incapacity Act and how to apply for a power of attorney or how to become a guardian for an adult.

Promoting the options

The local council must tell children and families about the options for self-directed support and make sure they have good information. The council must train its staff and make sure children and families can choose any of the options.

9.2 Getting help with decisions

The local council must find ways to help everyone take part in assessment and support planning, to understand the options, and to decide how they want to direct their support. This is to make sure everyone can have choice and control over their support.

Some people find it hard to make decisions on their own but can do this with some help.

The professional must decide if someone needs some help with making decisions. If yes, the professional must try and find someone who can help the person.

People who can help include friends and relatives or a circle of support.

The supported person must agree that they need and want this extra help with decisions before anyone is asked to help.

Anyone supporting the person to make decisions must be aware that it is not their job to make decisions for the person. Their job is to help the supported person make the decisions.

Telling others about decisions

Some people find it hard to communicate with others due to a disability or language problem.

They can make decisions but may need some help to tell others. They may need help from an interpreter or a speech therapist or someone they know.

If a supported person needs help to tell others about decisions, the professional must try and find someone who can help the person.

The supported person must agree that they need and want this extra help with decisions before anyone is asked to help.

If someone cannot make decisions

Some people have an attorney or guardian with powers to make decisions for the person. The attorney or guardian can decide about the person's assessment, support plan, and options for support.

The professional should make sure the attorney or guardian is fully informed and involved in everything.

If the professional is not sure about a person's capacity to make decisions, they can ask a local Mental Health Officer.

If a person needs a guardian the professional should talk to the person, their family and anyone else with an interest in the person's care and support.

The local council can apply for guardianship if there is no-one else to do this.

9.3 Carers

Carer's assessment

An unpaid carer who provides a lot of support to someone has the right to ask the council for a carer's assessment. The council will check if they need support so they can keep providing care.

Support to carers

Support to carers can mean using a local community service or getting advice or information. It can also mean carers get some support paid for by the council.

If the council decides the carer can get some paid support, it must offer the carer the same 4 options as anyone else.

Charging for support to carers

The Scottish Government thinks carers should get this support for free.

It is asking people what they think about charging carers for support (separate paper).

Other support to carers

Sometimes carers need just a little bit of support. Giving them support now may stop an emergency in future.

Carers do not always need a carer's assessment to get some support from the local council.

9.4 Direct payments

A direct payment

A direct payment is not a benefit. It is a way for a person to get the support they need.

The direct payment can be used in lots of different ways. It must always be used to help the person with the outcomes in their support plan.

Paying the direct payment to someone else

The person getting support can ask the council to pay the direct payment to another person or organisation to manage the direct payment.

The supported person is still in charge of the direct payment and responsible for it. It is important that the person knows this.

When a person cannot get a direct payment

There are rules that say when a person cannot get a direct payment.

The professional must tell the person why they cannot get a direct payment and how this can be reviewed. They must let the person choose one of the other options.

Sometimes things change and the person will ask for a review to check if they can get a direct payment. Then the professional must give the person the chance to choose from all the 4 options.

What you can do with a direct payment

The person can do anything with a direct payment if it meets their "assessed needs" and helps them achieve the outcomes in the support plan. Also, they must not break the law.

Responsibilities

The person will need to:

• use the payment to meet the outcomes in the support plan
• report to the council about how they have spent the money
• be a good employer if they use the direct payment to employ staff.

The professional must help the person get more information and advice about their responsibilities.

Monitoring

Direct payments are for meeting people's support needs.

The council will check that the direct payment is being used properly and the person's needs are being met. If the person is using the payment for health needs, then health professionals will help to check this.

Stopping direct payments

The council can stop the direct payment only if there is a good reason. These reasons are in the Direct Payment Regulations (rules). (This is in a separate paper - see page 2 for where to get a copy.)

9.5 What else the council must do

The local council must support people in other ways too. It must think about this when it looks at care and support for people.

Residential care

This is a type of social care. People live in a care home instead of their own house. This Guidance also applies to assessment for residential care.

The Scottish Government is asking:

Should people be able to use their direct payment for residential care?

Charging

Local councils can ask people to pay something towards the cost of their care and support service. This used to be based on the type of service the person got. Some services were free.

Councils need to think about new ways of charging that ask a person to pay part of the cost of their support.

Housing support

Housing support helps people to set up a house or live independently in their own home. If they need housing support as part of care and support services, then the person should be able to choose from all the options.

Aids and equipment

Sometimes people need aids and equipment. The system for getting aids, equipment or adaptations should be fair. There should be clear rules. The council must make sure that the person can get good information and can use this to make choices.

There may be extra costs with aids and adaptations or charges that need paid every week or year. The professional should talk with the person about who will pay for these extra costs.

Other forms of support

Social care is not just for disabled people or older people. It can include support for people who are homeless, who take drugs or alcohol; who are abused at home.

Just now, a person cannot use a direct payment if they need support because they are homeless, take drugs or alcohol, or are abused at home. The Scottish Government wants to hear what people think about this.

Think about the information in Section 9. Is it clear?