Guidance on Direct Payments for Community Care, Services for Carers and Children's Services: England 2009

This important new guidance follows a change in the law

(the Health and Social Care Act, 2008), extending the

scope of Direct Payments to include adults lacking

capacity to consent to their receipt. A number of other

exclusions, particularly some relating to people with

mental health issues were also lifted.

The aim of the guidance is to assist local councils in

making, managing and administering direct payments.

The guidance covers a number of key subject areas

including:

Parents and Children
Direct Payments to disabled children with parental

responsibility for a child
Direct Payments to a person with parental responsibility

for a disabled child
Transition from children's to adult services
Direct Payments for adults lacking mental capacity to

consent
Direct Payments to people subject to mental health

legislation
Direct Payments to carers (family members), including

young carers

There is also a "troubleshooting" section to help solve

difficult issues.

This is the most important change in the law. The law

now says Direct Payments can be made to a suitable person

who receives and manages the payments on behalf of the

person who lacks capacity...."provided there is a willing

and suitable person who meets all the conditions set out

in the regulations." The guidance sets out how councils

should go about appointing such a suitable person: in

most cases it will be "a family member or close friend

already involved in the provision of care for the person

concerned." See page 69 for a list of what

it is the person "trying to act in the best interest of

someone who is lacking capacity" should do. This list

mirrors closely In Control's earlier policy on Supported

Decisions and practice in some leading local authorities

who have adopted these principles with "indirect

payments."

This change to legislation and the new guidance are an

important further step forward in enabling all disabled

people to get choice and control in their lives.

Download the guidance from the link below.