FOI Request - Care Home Costs

Request 101001363384

I am researching the issue of care home costs. I am interested in the powers Local Authorities have and their policies and practices in this respect and in particular the concept of “deprivation of capital”.

I would be grateful for all information on:-

1. The Council’s policies, guidance (external and internal) and strategy on how they investigate and assess concerns / suspicions in respect of deprivation of capital.
2. What factors are taken into consideration in reaching a decision as to whether a deprivation of capital has occurred?
3. What timescale does the Council consider when assessing the previous actions of an individual as to whether is believed that deprivation of capital has occurred?
4. In the period 2005-2015 how many individuals have been initially assessed by the Council to have deprived themselves of a capital asset in order to reduce their accommodation charge? Please could I have a breakdown on a yearly basis.
5. Of the individuals who were initially assessed as having deprived themselves of capital in order to reduce their accommodation charge:-
1. How many challenged that initial decision?
2. How many were successful in their challenge?
3. What guidance / protocols exist regarding how to assess, investigate and decide upon any such challenges?
4. In terms of successful challenges to the initial assessment, how many individuals came to a resolution with the Council using any internal process within the Council
5. In terms of successful challenges to the initial assessment how many individuals came to a resolution with the Council using using an external process? What external processes were used (measured as a percentage)?

Response 22-11-2016

1.       CRAG (Charging For Residential Accommodation Guidance)  Applied

2.      

  • Age of Service User at date of Transaction, 
  • What services were being provided by the LA at date of Transaction, 
  • Consideration given as to whether or not the possibility of residential care could have reasonably been foreseen at date of transaction, 
  • All information provided by family/representative/service user is considered.

3.     No timescale - each case looked at individually.

4.     In accordance with Section 17 of the Freedom of Information (Scotland) Act 2002 we can confirm that this information is not held.

5.     N/A

5.     In accordance with Section 17 of the Freedom of Information (Scotland) Act 2002 we can confirm that this information is not held. However, individuals may challenge the Councils' decision or provide more information in which case a review would be carried out and if appropriate the original decision  of deprivation may be overturned.

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