Flintshire County Council

URGENT ACTION NEEDED: Disabled People’s Lifeline at Risk #SaveFDF

I was really disappointed to receive an email from Jan Thomas this afternoon, informing me of the struggles encountered by Flintshire Disability Forum (FDF) in regard to attracting the funds needed to continue their vital community work.

The FDF lost it’s Flintshire County Council  (FCC) funding last September, and are struggling to attract funds because sadly service users are those forgotten people that are no longer flavour of the month, they are the people who fall through everybody’s net.

Although the Welsh Government talks about independent living, loneliness and isolation, health and well-being  and the Social Model of Disability this DOES NOT translate into funds on the ground.

The Directors of the Charity thought long and hard about the future and the best estimate is that we have funds for only 3 more months ie until the end of June.

I am including below a template letter that we would encourage people to send to FCC to urge them to reconsider their decision. If you would prefer to send your own words based loosely on the same information please feel free to do so.

If you can tell your own story that would carry more weight.

Many thanks

Please email  Neil.J.Ayling@flintshire.gov.uk

and Christine.M.Jones@flintshire.gov.uk

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Dear Mr Ayling.

I am writing this email to support TheFDF Centre for Independent Living.

TheFDF formerly Flintshire Disability Forum has been supporting disabled people in Flintshire for more than 20 years, they are well known across the County. Particularly for the support they give to people needing to apply for benefits PIP, ESA, UC, housing benefits they offer advice and information.

2 years ago they set up a befriending scheme for those people who cannot leave their own homes, they run 3 social groups every week which brings people together for company.

I understand that TheFDF has only sufficient funds to keep going for another 3 months, their funding from Flintshire County Council ended in September 2018. The service has been replaced by 4 other organisations that have received funding from Flintshire County Council for 5 months that is £88,750 of council taxpayers money.

BUT nobody knows how to access the new service as they are all based outside of Flintshire, FDF has a drop in service in Mold Town Hall that is heavily subscribed to.

It seems that FCC has given the funds to a signposting service that is not fit for purpose. Please reconsider your decision for the sake of the 500 people that currently use FDF and for those other disabled people that will need support in the future.

YOUR SIGNATURE AND THE ORGANISATION YOU REPRESENT.

 

Closure of the Welsh Independent Living Grant: In the cause of equality of provision for disabled people? #SaveWILG

The following article was written by Ann James and Luke Clements. It appears on their superbly informative website which can be viewed here.

We would like to thank Ann and Luke for their research and work in putting together such a comprehensive report.

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Local authorities in Wales are rushing to meet the new September deadline, set by the
Minister for Health, for the re-assessment of the 1,300 or more recipients of the Welsh
Independent Living Grant (WILG). In November 2016 the Welsh Government (following in the footsteps of the English Government) announced the closure of the WILG.

The transfer of care and support of all recipients to local authority provision has been
contentious and has left many recipients anxious and fearful that their right to Independent Living will be eroded by this decision. A strident campaign has been launched by recipients of the WILG (and the previous Independent Living Fund (ILF)) and their families and supporters under the campaign banner of #SWILG.

Closure of the Wales Independent Living Grant

The Independent Living Fund (ILF) was established by the Department of Health and
Social Security in 1988 as an independent trust to provide a weekly payment to a
small number of severely disabled people who would have suffered very significant
financial loss as a result of the abolition of supplementary benefits ‘additional
requirements’ payments in that year.4 It is however thought that about one million
disabled people experienced considerable losses as a result of the 1988 changes.

The ILF existed in various forms until it was closed by the Department for Works and
Pensions to new applications in December 2010,  at which time it was providing support
to 46,000 people with complex needs to live in the in the community.7 At that time the UK
Government argued that it was an unsustainable cost; that it perpetuated an unfair funding of services to disabled people; that distribution of ILF was inconsistent across the four nations and within the four nations; and that the advent of direct payments and individual budgets in England obviated the need for ILF.8 The ILF closed in June 2015 and the funding was devolved to English local authorities and the Scottish, Welsh and Northern Irish Governments

The WILG was set up in 2015 following a consultation exercise and gave the Welsh
Government a period of moratorium to decide on how to proceed
.
The options before the Minister were:

• the extension of current arrangements;
• an arrangement with a third party to continue to provide payments to recipients in
Wales, and;
• to transfer the responsibility and funding to local authorities in Wales over a two-year
transitional period so as to eventually provide support through nIn November 2016, it was announced that the WILG would close in March 2019 and that all recipients would be assessed by their Local Authority for care and support under the Social Services and Well-being (Wales) Act (SSWBA) 2014 by March 2018. The March deadline was extended to–September 2018 to enable local authorities to complete their assessments of WILG recipients.

The #SaveWILG campaigning group led by Nathan Davies continue to fight a vigorous campaign to persuade Welsh Government to retain the WILG and grow the provision in a similar fashion to Scotland.

The Equality Impact Assessment (EIA) carried out in advance of the closure decision in Wales conveys a Panglossian view, that is to say an overly optimistic view of what the 2014 Act will deliver following the closure of the WILG in 2019.  It also fails to acknowledge and consider the potential adverse effect on individuals who may have significant changes to provision and how this will be addressed to ensure the recipients right to Independent Living.

The rational for the closure of the WILG is in keeping with the UK Government’s arguments for the closure of the ILF. Welsh Government argues that:

  • the continuation of the WILG will perpetuate a ‘two tier’ system of provision and that this is unfair on those who receive care and support solely through their local authority.
  • the cost of maintaining a Welsh version of the Independent Living Fund is financially unsustainable as money devolved to Wales from the UK Government’s closure does not have the capacity to respond to future need of recipients nor allow for the opening of the WILG to new applicants.
  • the SSWBA 2014 and Direct Payment provision will enable and support independent living and that the need for a discrete fund is not required.

 

Transition from the WILG to local authority provision: are there messages from England?

The analysis and studies of the impact of the closure on ILF in England are bound to give concern to WILG recipients in Wales. The Shakespeare and Porter 2016 study, which focused on the impact of the transition from ILF to local authority support, found high levels of concern and anxiety about Local Authority processes and provision during this period. The Department of Work and Pensions Post-Closure Review,found both positive and negative experiences of the transition. Those who had retained their provision or had an increase in provision or a slight reduction reported satisfaction without any loss to their independence. For those who had experienced a significant reduction there was a loss of independence, greater restrictions to their independence and an increased reliance on unpaid carers. There was also a concomitant impact on the emotional and physical health of these participants.

An emerging theme from the research and reviews is the post-code lottery faced by previous recipients of ILF. The finding in Inclusion London’s  review confirmed this factor and found in addition inconsistent practice in relation to NHS Continuing Health Care (NHS CHC) referrals for funding and failings in the implementation of the Care Act 2014 which left services users without essential provision.

Many disabled people who will be transiting from the WILG will be legally eligible for NHS CHC funding or at least NHS joint funding. In addition to the well-documented procedural hurdles they encounter in obtaining this support, in Wales a more troubling challenge exists.  The Welsh Government has made it clear that it will not permit direct payments to be made for people eligible for NHS CHC (unlike in England such payments can be made.  Many LHBs appear reluctant to facilitate direct payments via a trust arrangement (often referred to as an Independent User Trust (IUT)) even though the High Court has held this to be lawful (indeed necessary in certain situations).

Anecdotally it is also reported that LHBs are placing obstacles in direct payments being made where there is a joint funding arrangement even though the Framework guidance makes it clear that where ‘an individual has existing Direct Payment arrangements, these should continue wherever and for as long as possible within a tailored joint package of care’.

 

Concluding Comments

About 1,300 people will transfer from the WILG to local authority care and support under the SSWBA 2014 by March 2019. Many of the recipients and their carers are concerned that their right to Independent Living will be compromised as local authorities re-assess and establish their eligibility to services.

The R (CWR) v Flintshire County Council (2018) Case Note illustrates the challenges that a disabled person and his/her family can face in Wales as they seek to access care and support. This case note does however, highlight the statutory requirements for a comprehensive assessment of disabled people in need of care and support and their carers. It demonstrates too, that assessments undertaken in a cavalier manner can be challenged and local authorities held accountable for their assessment, determination of eligibility and care provision. This may provide some reassurance to WILG recipients although it is perhaps questionable how many will have the energy, knowledge and courage to pursue this option.

While the term ‘well-being’ may be used in a perfunctory manner in discussion about social care, the definition in section 2 SSWBA 2014 is comprehensive and includes control over day to day life (s.2(4) (a)) and participation in work (s.2(4)(b)).

Clements notes that section 6(3)(b) stresses ‘the importance of promoting the adult’s independence where possible’ and argues that this is amplified and bolstered by para 56 of the Part 2 Code of Practice (General Function) which states that the well-being duty ‘includes key aspects of independent living as expressed in the UN Convention on the Rights of Disabled People in particular Article 19 which recognizes the right of disabled people to ‘full inclusion and participation in the community’; to choose where they live and with whom they live; and to have access to a range of community support services ‘to support living and inclusion in the community, and to prevent isolation or segregation from the community’. Assessment, eligibility determinations and decisions on how to meet need will need to be infused by these principles.

R (JF) v. Merton LBC highlighted the requirement for an assessment to have regard to the dimensions of well-being set out in stature.

A comprehensive overview of assessment, eligibility and meeting needs can be found at www.lukeclements.co.uk/wp-content/uploads/2017/11/Wales-SS-Well-being-Act-26.pdf page 9.

This ‘post’, written by Ann James and Luke Clements, appears in Rhydian: Wales Social Welfare Law on-line (2018) 23-26: to access this click here.

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Letter from Huw Irranca-Davies AM

I am sharing this letter from Huw Irranca-Davies  AM to Lesley Griffiths AM concerning my #SaveWILG campaign. There are many, many issues that I would like to pick up from this email, but I am biting my lip until we can arrange a meeting with my MP and Huw Irranca-Davies himself.

I hope this can be in one of the 24 days before Christmas, so that I can discuss my concerns and enjoy the festive break but I am not holding my breath and am preparing for my 8th consecutive Christmas of concern and worry over the future of Independent Living for disabled people in 21st century Britain.

Seasons Greetings…

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Lesley Griffiths AM
Assembly Member for Wrexham
Lesley.Griffiths@assembly.wales

 

14- November 2017

Dear Lesley

Thank you for your letter to Rebecca Evans AM on behalf of your constituent, Mr Nathan Davies, outlining his ongoing concerns regarding the Welsh Independent Living Grant (WILG). I am replying as policy on social care in Wales now forms part of my Ministerial portfolio.

I have agreed to meet Mr Davies and his MP, Ian Lucas, and my Diary Secretary is arranging for this to take place as soon as is possible.

In relation to Mr Davies’ comments about Wrexham County Borough Council, my officials have been in contact with the authority to ascertain the latest position. I am aware that Wrexham initially had social worker vacancies which impacted upon its ability to undertake future support reviews of WILG recipients and reviews of those receiving social care more generally. This seems to have occurred in Mr Davies’ case.

Wrexham County Borough Council now informs us that it has recently recruited additional social workers to undertake reviews of those receiving social care from the authority, thereby releasing more experienced officers to undertake future support reviews of its WILG recipients. Recipients will be contacted individually by the authority to enter into a dialogue as to the wellbeing outcomes they wish to achieve to live independently and to agree the future support they require to achieve these. The authority intends to complete as many of these support reviews as possible within this financial year, with those not able to be completed by then as soon as possible in next financial year. Whenever a WILG recipient’s support review is completed, their payments under the WILG will not cease until a package of care to deliver the future support they require is in place.

One public consultation on the way in which former recipients of the Independent Living Fund should be supported in the future was held. This ran from October to December 2014 and asked for views on the principle of four potential options to provide support. A summary of the responses received and the conclusions reached was published in March 2015. Stakeholders, including recipients, were informed of this at the time and until recently this summary appeared on the Welsh Government’s website (only being removed as part of a wider updating of our website). I attach a copy of the consultation summary published in 2015 together with a copy of the information letter on this which officials sent to local authorities at the time for them to provide to recipients. I would be grateful if you would provide these to Mr Davies as part of your response to him.

As regards Direct Payments, I understand Wrexham County Borough Council currently operates around 200 such payments to adults to enable them to have control over the care and support they obtain to meet their wellbeing outcomes. The authority is not aware of any operational issues affecting the delivery of these, although accepts that some individuals experience difficulties with recruiting appropriate staff or with securing the care they need from support providers. To ensure their practice is current and appropriate, it has held discussions with officers from Flintshire County Council relating to a collaborative approach to delivering Direct Payments in the region.

If Mr Davies has specific concerns regarding his care package or his Direct Payments from the authority, I understand that Sheila Finnigan-Jones, Service Manager for Disability Services, is happy to meet him to discuss these. Her contact details are:

Tel: Wrexham (01978) XXXXXX E-mail: Sheila.finnigan-jones@wrexham.gov.uk

Huw lrranca-Davies AC/AM

Y Gweinidog Gofal Cymdeithasol a Phlant Minister for Children and Social Care