Sent by e-mail:
Health and Wellbeing Directorate
Client Support Service, Unit 13
Civic Centre, West Street,
Oldham, OL1 1UL
Tel: 0161 770 6876
Fax: 0161 770 6887
Dear Mr Paqard
Freedom of Information Request: 7210
Under the Freedom of Information Act 2000, Oldham Council has a duty to supply any information on request, unless there is an exemption. It is the Council’s policy only to apply the exemptions where there is a genuine risk of harm or prejudice. In such cases, we will still provide information if it is in the public interest to do so.
Please provide an internal review of FOI 6807 to disclose:
A) All documents including one that shows the current interest rate payable on a loan taken
There has been no change to our deferred payment scheme since FOI 6807 request. Attached are the documents that were previously shared under FOI 6807.
Currently no interest is charged on a deferred payment, except when the ‘loan’ under the scheme becomes payable, and in cases where this is not repaid within the predefined timescales, we can seek legal action to recover the debt. At this point we may apply 8% in line with the County Courts.
Whilst we have not changed the documentation and interest rates we are consulting on the proposed changes (see response B). During the period of consultation we are applying the new national eligibility criteria as laid out in the Care Act 2014 to ensure compliance.
B) Any documents for ongoing consultation about scheme revisions and changes
Attached are the current consultation letter, questionnaire and information which was sent out to self-funders, people who access community based services and some residential establishments
C) Any questionnaires sent out in consolation of changes
See point B above.
D) Legal compliance department’s procedure for checking title, placing and removing Land registry charge.
Check electronically the address of the property concerned with HM Land Registry to establish whether the title is registered or unregistered.
- If registered the procedure is as follows:-
1. Check what documents are required having examined the title eg death certificate, probate
2. Check how the agreement and charge have been executed and if the person lacks capacity request a lasting power of attorney which must be registered at the Office of the Public Guardian
3. Arrange for the agreement and charge to be executed on behalf of the Council
4. Prepare AP1 and submit to HM Land Registry along with certified copy of agreement, charge and supporting documentation
5. Check title on receipt from HM Land Registry
- If unregistered the procedure is as follows:-
If details of the unregistered lease is known then –
1. Check how the agreement and charge have been executed and if the person lacks capacity request a lasting power of attorney which must be registered at the Office of the Public Guardian
2. Arrange for the agreement and charge to be executed on behalf of the Council
3. Complete form CT1 and forward to HM Land Registry with supporting documentation to create a caution against first registration
4. Check title when the office copies are received from HM Land Registry
If there are no details of the unregistered lease then-
1. Check how the agreement and charge have been executed and if the person lacks capacity request a lasting power of attorney which must be registered at the Office of the Public Guardian
2. Arrange for the agreement and charge to be executed on behalf of the Council
3. Register under part (iv) a local land charge which will be revealed when a local search is carried out on the property
To remove the charge when all monies have been paid
On a registered title –
1. Prepare DS1
2. Send DS1 to HM Land Registry
3. Charge removed
On an unregistered title (lease details known)
1. Prepare CCT
2. Submit to HM Land Registry
3. Caution removed
On an unregistered title (lease details unknown)
1. Send request to Local Land Charges Registrar to have the entry removed from the local land charges register
2. Receive confirmation of removal
If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to:
Paul Entwistle
Borough Solicitor – Legal and Democratic Services
OMBC, PO Box 33,
Civic Centre, West Street,
Oldham OL1 1UL
Tel: 0161 770 4822
Email:
Should you further disagree with the decision following the appeal you may wish to contact the Office of the Information Commissioner:
Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
http://www.ico.gov.uk/
Tel: 01625 545700
Fax: 01625 524510