Community Care Division
T: 0131-2441835 F: 0131-2443502
E: /
Directors of Social Work
Chief Executives of Local Authorities
Directors of Finance of Local Authorities
Other Organisations – see Annex1
COSLA
ADSW
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26 March 2010
Dear Colleague
GUIDANCE ON THE RECOVERY OF EXPENDITURE ON ACCOMMODATION AND SERVICES UNDER SECTION 86 OF THE SOCIAL WORK (SCOTLAND) ACT 1968 – ORDINARY RESIDENCE
1.I am writing to notify you of the publication of a Community Care Division Circular (CCD 3/2010), which comes into effect on 6 April 2010. This letter is not part of the Circular itself, which is available on Scottish Health on the Web at:
The associated regulations The Recovery of Expenditure for the Provision of Social Services (Scotland) Regulations 2010 (SSI 2010 NO.72)can be accessed on the Scottish Statutory Instruments section of the Office of Public Sector Information Website at:
Summary
2.Expenditure on accommodation and services provided under the Social Work (Scotland) Act 1968 (the 1968 Act) can be recovered from the local authority of ordinary residence. The current guidance on ordinary residence is set out in Circular SWSG 1/1996. Local authorities requested a revision of the circular to address concerns about lack of clarity leading to disputes between councils, which are costly and time consuming to resolve. In addition, changing patterns of care provision such as the increased use of supported accommodation needed to be addressed.
3.A working group with nominated representatives from COSLA, ADSW and the Social Work Legal Officers Group has been working with the Scottish Government on the revised guidance for some time. It became apparent early on in the work of this group that legislative change would be needed.After full consultation, amendments to the 1968 Act were included in the Adult Support and Protection (Scotland) Act 2007.
4.The key features of the new guidance are:
- Overarching principles putting the welfare of the individual at the centre;
- Improved clarity in the distinction between the responsibility for providing community care and the responsibility for funding it;
- Case studies to help illustrate how the guidance and legislation work in practice;
- Protocol templates to help with clarity and consistency when entering into an agreement;
- Proposed transitional arrangements to help people move to the area of their choice;
- Stream-lined determination arrangements to help resolve any disputes that arise;
- Publication of anonymised determinations to help raise awareness of how the legislation and guidance works in practice.
5.Following extensive consultation, ADSW, the Social Work Legal Officers Group and the COSLA Health and Wellbeing Committee have endorsed the revised guidance. The associated regulations The Recovery of Expenditure for the Provision of Social Services (Scotland) Regulations 2010 have been laid before the Scottish Parliament and subject to Parliamentary procedures will come into effect on 6 April 2010.
Enquiries
6.All enquiries relating to this circular should be addressed to Michael Cuttsat the above address or by telephone on 0131 244 3742, or by emailing .
Yours sincerely
Adam Rennie
ADAM RENNIE
Deputy Director: Community Care
ANNEX 1
Circular Copied to:
Age Scotland
Alzheimer Scotland - Action on Dementia
ARK Housing Association
Association of Directors of Social Work
Audit Scotland
Bield Housing Association
Camphill Scotland
Capabilty Scotland
Carers Scotland
Counsel and Care
CrossReach
Citizens Advice Scotland
Equality and Human Rights Commission
The Scottish Housing Regulator
Community Care Providers Scotland
Cornerstone Community Care
Crossroads Scotland
ELCAP Ltd
ENABLE
People First Scotland
Quarriers
RNIB Scotland
RNID Scotland
Scottish Care
Scottish Churches Parliamentary Office
Scottish Consortium for Learning Disabilities
Scottish Council for Voluntary Organisations
Scottish Council on Deafness
Scottish Federation of Housing Associations
Scottish Older People’s Helpline
Scottish Pensioners Forum
Housing Support Enabling Unit
The Abbeyfield Society for Scotland Ltd
The Scottish Community Care Forum
United Kingdom Home Care Association
Update
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