Local Authorities

Letter from Huw Irranca-Davies to the Chair of the Petitions Committee #SaveWILG

 This is the letter that Huw Irranca-Davies has written to the Chair of the Petitions Committee – Mr David Rowlands – defending the Welsh Government’s decision to close WILG.

My response appears in the next blog in which I have totally decimated the weak arguments in favour of signalling an end to the Welsh Independent Living Grant. 

The fight continues…

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 Dear David, 

 Thank you for your letter of 31 October in connection with Nathan Davies’ petition to reconsider the closure of the Welsh Independent Living Grant (WILG). 

Before I respond to your questions I think it is important to remind ourselves of the purpose of the transition process we are undertaking.  We are introducing this change to ensure equality of access for all disabled people in Wales to support to live independently in the community.  This is to remove the two-tier arrangement which existed previously, where some were able to access support from their local authority and payments from the Independent Living Fund (ILF), while others, because of the UK Government’s decision to close the ILF to new applicants in 2010, have only been able to access support from their authority.  Hence the objective of this transition, and of the support reviews being undertaken within it, is to ensure all disabled people are empowered in a consistent way to be able to live independently in a manner that is appropriate in their particular circumstances.  This could be by support provided directly from their local authority, by support provided by direct payments from their authority, by support provided in other ways (such as from the third sector, family or friends) or by a mix of any of these.  This is the ethos and cornerstone the social services legislation we introduced and something which every disabled person in Wales deserves access to irrespective of how they may have been supported in the past. 

Given the objective, and as I outline below the support for the majority of the disabled people affected by this transition is now being provided though their local authority, it is difficult to see how this could now be unpicked to reinstate the WILG as Mr Davies’ petitions without creating turmoil for those that have been through this transition. 

We welcome receiving correspondence in Welsh.  Any correspondence received in Welsh will be answered in Welsh and corresponding in Welsh will not lead to a delay in responding. 

As you say we have now completed our latest quarterly monitoring of local authorities’ progress in transitioning people who used to receive WILG payments to receiving their support to live independently through their local authority.  This latest monitoring covers the period up to the end of September this year and details of this are below.  Overall this shows good progress in undertaking future support reviews with people affected, in agreeing with them their future support package to deliver their wellbeing outcomes and in putting these in place to provide that support. 

The data provided by local authorities shows that of the 1,336 people who were originally in receipt of payments under the WILG, over 1,242 (93%) had by the end of September completed or were in the process of completing their support review with their local authority.  As a result 717 people (54%) had now agreed their future support package with their local authority and were receiving this through their authority.  In the majority of these cases (531 – 74% of the 717) people were receiving support of a similar level and nature to that they would have received if they had still been receiving payments under the WILG.  In around 100 of the 717 (14%) the level of support being provided had increased due to the dependency of the person increasing since their last review.  In around 86 of the 717 cases (12%) the support from the authority itself has reduced as it was thought more appropriate in those people’s circumstances if the support they required was provided in a different manner than previously (such as support provided from a third party). 

With a small number of people (20) their review identified it was no longer appropriate for them to receive community care from their local authority, either because the person had developed a need for healthcare or was now in need of some form of residential based care.  

This left around 64 people who were at that time yet to begin their support review.  This is due to a mixture of social worker capacity within a small number of authorities, where they had not by that time been able to engage with all people affected, and a number of people who to date have not themselves engaged with their authority despite authorities’ approaches to them to do so.  As a result we have sought, and received, assurances from the seven authorities concerned that these remaining reviews will be completed by the end of the year at the latest so as not to impact upon the future support they agree with their authority being place by the end of March next year when the period for this transition is due to end. 

Out of all the reviews completed as at the end of September there were 17 people who were challenging the outcome of their support reviews.  This is just under 2% of the people who had undergone their review with their authority. 

Despite this good progress I am not complacent.  You will have seen the recent media coverage of this transition which focussed heavily on those people who are to receive less direct support from their local authority, with little or no reference to the majority who to receive the similar support from their local authority or indeed are to receive more.  I have, therefore, to be assured of this position, asked local authorities to undertake a deep dive review of all cases where following a support review there is an intention to reduce the authority’s direct support to the person.  This is to identify the reasons for this decision and the exact scale of any reductions and to receive from each Director of Social Services a personal assurance that where such changes occur they are appropriate and do not impact on people’s ability to live independently in the community.  The results of this deep dive review are due to be received and analysed by the end of November.  

In addition to this I intend to undertake a series of regional meetings with Directors and Cabinet members for Health and Social Services within authorities to discuss the outcome of these reviews to ensure that it is the case that any reduction in direct support from an authority is not impacting on people’s ability to live independently.  My officials are in the process of arranging these meetings, which I hope to have concluded by early December.  That said, I have already visited both Wrexham County Borough Council and Powys County Council to meet their Directors and Cabinet Members and have received their assurance that people affected are genuinely being empowered to live independently to deliver their wellbeing outcomes. 

You ask about the possibility of requiring local authorities to report the actual expenditure they incur on people who transition to local authority support.  The level of expenditure on the support an individual requires is, of course, dependent on the level, nature and complexity of that support as identified by their support review.  It is not determined by a standard amount per person and so the level of expenditure will vary from person to person as the support they require will vary.  As a result the fact that one person may be having more or less expenditure on their support than another is not an indicator of the appropriateness of that support, but of the cost of support they require. 

Added to this it must be remembered that all people who received payments under the WILG would also have received a level of care and support from their local authority which it would have funded separately.  This is because this was a qualifying condition originally set by the ILF for receiving payments.  As such it is difficult to see how authorities could, if this request was made, separate out the cost of only one element of over 1,000 people’s overall support package or indeed what value there would be in doing so. 

What I can say is that the full funding of £27 million a year transferred from the UK Government to support people affected has been added from this year to the Revenue Support Grant on a recurrent basis.  Not a single penny of this has been retained centrally.  As a result no local authority has raised with me or my officials that a lack of funding is an issue with this transition or that this is adversely affecting the outcomes which they able to receive for people affected. 

Yours sincerely, 

Huw Irranca-Davies AC/AM 

Minister for Children, Older People and Social Care 

Vital Twitter Thread #SaveWILG

This morning I published a vitally important Tweet thread that I hope will capture the attention of those with the power to provide security to the 1,300 disabled people with high support needs throughout Wales who receive the Welsh Independent Living Grant.

I publish memes and photographs alongside these Tweets. If you want to follow me on Twitter and perhaps Retweet my epic thread, my handle is @nathanleedavies

I am currently extremely busy as we head into a crucial month for the #SaveWILG campaign.

The fight continues…

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The following Tweet thread is VERY IMPORTANT. I trust that ALL Assembly Members and those in the Media with the power to spread awareness of the struggles of disabled people with high support needs will READ THIS in full and take the appropriate action to help us

There can be no denying that the WILG transition process is highlighting some major problems in the social care system throughout Wales. Local authorities cannot be trusted to provide adequate support for disabled people on their own.

The evidence is overwhelming as displayed in the Freedom of Information requests gathered from all 22 LAs, first-hand stories from WILG recipients and clear evidence that the same system is failing people in England.

 The amount of support for #SaveWILG has been incredible. Jeremy Corbyn, John McDonnell, MPs, AMs and celebrities such as Ken Loach have all backed our campaign while Welsh Labour members passed a motion at conference to protect the grant.

 A similar motion was also passed by Disability Labour, our friends in Scotland and Northern Ireland also show that there is clearly another way of doing things to protect those with high support needs.

I haven’t even mentioned the UN report which found ‘grave and systematic violations of disabled ppls human rights’, saying it was a ‘human catastrophe’. This was partly based on concerns at the closure of the ILF. @WelshLabour are moving in the same direction. https://www.independent.co.uk/news/uk/politics/government-spending-cuts-human-catastrophe-un-committee-rights-persons-with-disabilities-disabled-a7911556.html …

 I am receiving emails on a daily basis from WILG recipients across Wales telling me about the difficulties they are facing with the transition process. These people are too afraid to speak out due to the fear of reprisals.

 Other recipients are also in the process of taking their LA’s to court and cannot speak out for fear of compromising their case. WILG will not or cannot raise their voice at all – for many reasons such as cognitive impairment, exhaustion or fear of further cuts to their hours.

 The absurd two-tier argument that Welsh Labour are using is absolutely ridiculous. It is to all intents and purposes an equalisation downward, however subtle and however long it takes to materialise. 

The ‘two-tier’ system is entirely the choice of WAG. Not us or recipients. Again, using this as a reason to stop providing what is needed as a basic starting point, is not a reason!!!

The effect being that money (saving) is at the root of this and the standard of life/living for recipients is not likely to be maintained in a way that allows them to have a really fulsome, fulfilled and rewarding life, rather than merely existing….

 I have spent all day writing this thread of Tweets and have sacrificed three years of my life to this campaign for common justice. I will not stop fighting for the rights of disabled people but it is a disgrace that I have to in 21st Century Wales. 

WALESPOSTCARDFRONT001

 

Disability News Service: Welsh government’s independent living decision ‘threatens support of hundreds’

The following article was taken from the excellent Disability News Service website, written by John Pring.  This blogger takes no credit for the article below:

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The Welsh government’s decision to close its independent living grant scheme and pass the funding to local authorities could see cuts to the support packages of hundreds of disabled people, new research suggests.

Disabled campaigners say that information released by local authorities in Wales has created “extreme cause for concern” about the transition process, which is seeing funding from the interim Welsh Independent Living Grant (WILG) passed to the 22 councils.

WILG was set up by the Welsh government – with UK government funding – as a short-term measure to support former recipients of the Independent Living Fund (ILF) when ILF was closed in June 2015.

But the Welsh government is now closing WILG and by April next year the 22 councils will be solely responsible for meeting the support needs of all former ILF-recipients in Wales.

The Welsh government’s own estimates, released to Disability News Service (DNS) last night (Wednesday), suggest that about 200 former WILG-recipients will see their support packages cut by next April.

Members of the Save WILG campaign, led by former ILF-recipient Nathan Lee Davies (pictured), submitted freedom of information requests to all 22 Welsh councils earlier this year, and they say the responses proved they were right to be concerned that the transition process would lead to many former ILF-users seeing their support packages cut.

Few of the councils were willing to provide detailed information about how the process of re-assessing the needs of the former ILF-recipients in their areas would affect their support packages.

But some of the local authorities admitted that a significant proportion of those currently receiving support through the WILG have already had their support packages cut.

In Wrexham, Davies’ home local authority, the council said it had re-assessed less than a third of former ILF-users but had already cut the support of 18 of them, increasing support for just seven, and leaving one package unchanged.

Monmouthshire council had cut four of 19 packages, Conwy had reduced two of 12 – although the vast majority had still to be assessed – while Caerphilly had reduced four of 29, Merthyr Tydfil had reduced 15 per cent, and both Carmarthenshire and Rhondda councils had cut 10 per cent of support packages.

About a third of the councils – including Pembrokeshire, Gwynedd, Anglesey, Cardiff and Blaenau Gwent – failed to say how many support packages had been cut.

But some local authorities did produce more encouraging answers, with Powys council saying the reassessment process had seen it increase the support packages of 59 of 62 former ILF-users.

Although Port Talbot council had reviewed less than a third of service-users, half had had their packages increased, and the other half had seen them stay at the same level, while Bridgend decided that all but one former ILF-recipient would continue to receive the same support package.

There were also repeated warnings from the local authorities that they could not promise that support packages would not be cut in the future, with Cardiff council warning that “no guarantees as to the future are possible with any funding arrangement”.

Asked if it could guarantee that WILF recipients would have their care packages ring-fenced from all future austerity cuts forced onto local authorities, both Merthyr Tydfil and Port Talbot replied with just one word: “No.”

Huw Irranca-Davies, the Welsh government’s minister for social care, has previously pledged that no former ILF-users would lose out in the transition process.

But a Welsh government spokesman said that its most recent monitoring of the transition had found about 100 of 580 WILG-recipients were having their support “provided in a different manner than previously”*, while 130 were receiving more support.

As about 1,300 people are due to go through the transition, this suggests that about 200 former WILG-users will eventually see their packages cut.

He insisted that the government was committed to ensuring that all disabled people are “fully supported to live independently in their communities”.

And he said that Irranca-Davies had visited both Powys and Wrexham councils this week to “see at first hand the work they have been undertaking” and “will be speaking to other authorities about this over the next few weeks”.

The government spokesman said: “He will also be asking authorities to undertake a deep dive of a sample of cases where there have been significant changes in the type of support people are receiving, to establish the reasons for this and ensure they are receiving the appropriate support they require to live independently.

“This is in addition to the ongoing monitoring of the programme, and an additional independent evaluation which has been commissioned by the minister.”

The spokesman claimed that the “feedback from disabled people” on the transition programme had been “positive”.

He said: “Together with our partners in local government and the third sector, we will continue to closely monitor the process and the individual outcomes of the transition from the ILF to the person-centred and co-produced approach to independent living in Wales.”

But Miranda Evans, policy and programmes manager for Disability Wales, said her organisation was “extremely concerned that disabled people with high support requirements are having their hours of care reduced when transferring over to direct payments”. 

She said: “In a number of cases people are losing their ‘socialising’ hours, which is of great concern. 

“This vital support enables people to play a part in their community, volunteer with a local group and get involved in political life. 

“Without this necessary support disabled people will become isolated, disengaged and unable to leave their home.”

Disability Wales has called for an “urgent review” of the Welsh government’s policy and investigations into the differences between how local authorities are applying it, which she said showed “the further development of a postcode lottery”.

She added: “We remain concerned that funding will be absorbed by social services budgets and not be directed to those who need it: disabled people with high support requirements.”

Davies said the Welsh government’s comments showed that “they simply refuse to see the evidence that is staring them in the face”.

He said: “Yet again the Welsh government seems to think of former ILF recipients as a privileged bunch.

“This is not the case at all, as we are disabled people with high care and support needs who were guaranteed a lifetime of adequate support under the old ILF system.

“They do not deserve to be made to feel like a hindrance by the Welsh government.”

He said the conclusions that can be drawn from the freedom of information responses were “very worrying indeed” and show “a shocking lack of consistency between local authorities, the development of a ‘postcode lottery’, the lack of an adequate complaints procedure for former ILF recipients and an alarming lack of security, or guarantees, for the future”. 

Davies is determined to persuade the Welsh government to keep the current system, which allows former ILF-recipients some security by receiving funding from three different “pots”: WILG, local authorities and their own personal contributions.

He said: “The responses reflect why we started the campaign three years ago and give weight to our belief that the tripartite system of care needs to be maintained.

“Disabled people with high care and support needs simply cannot rely on cash-strapped local authorities to provide the levels of care that they need. 

“One of my biggest concerns is that even the local authorities who have increased a majority of care packages cannot guarantee that these packages will remain at the same levels in future years.

“It is a concern that these generous increases may only be put in place for a year, while the local authorities sharpen their axes for further cuts once the campaign is over.” 

He added: “The Welsh government now need to listen to the voices that have supported our campaign – assembly members, MPs, Disability Labour, Jeremy Corbyn, shadow chancellor John McDonnell, celebrities such as Ken Loach and most importantly their own members who passed a motion calling on them to #SaveWILG at the Welsh Labour conference in April 2018.” 

*The Welsh government press office was unable to confirm by 1pm today that this means that their support hours have been reduced

PLAID CYMRU PRESS RELEASE: Leanne Wood AM Shows Support #SaveWILG

Pressure is mounting on the Welsh Government to maintain an essential grant for disabled people after 20% of AMs backed a statement of opinion.

Plaid Cymru has tabled a Statement of Opinion in the National Assembly calling for the Welsh Independent Living Grant, which allows severely disabled people to continue to live independently, to be retained. The Welsh Government plans to scrap the grant next year, transferring the responsibilities over to Local Authorities.

Nathan Lee Davies, of Wrexham, has been campaigning to keep the grant for several years, and managed to pass a motion of support for maintain the grant at this year’s Welsh Labour Spring Conference.

Plaid Cymru leader Leanne Wood AM said:

“Those in receipt of the Welsh Independent Grant tell me how vitally important it is to them. Not only financially, but more importantly it gives them that independence to control their own lives. We all have our dignity, and having that ability to make our own decisions over our own lives is important for all of us. This is why recipients of the WILG wish to keep it, and given the chance to roll it out to other disabled people as well.

“Scotland have managed to keep their Independent Living Fund, ensuring that they have a national criteria. They’ve also invested more into it, meaning that more people can benefit from it. Evidence from London shows that former Independent Living Fund Recipients there have suffered as a consequence of the Tories cutting the grant and passporting the programme onto local authorities. Labour in Wales should follow the Scottish lead rather than the Tories in England, and ensure that our most seriously disabled people are shown respect and can live their lives as independently as possible. Recipients of WILG are seriously concerned about the future when they should be enjoying what is left of their lives.”

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Plaid Cymru Assembly Member for North Wales, Llyr Gruffydd said:

“Recipients of the Welsh Independent Living Grant tell me that the system as it is now works well, and they fear that transferring the responsibility over to councils would compromise their independence. Maintaining their independence is paramount. Their dignity and right to independence should be respected.

“Scotland’s Government has maintained its Independent Living Grant and indeed invested in the scheme. It’s widely supported by disabled people, and it provides a national criteria instead of forcing a prescribed criteria locally that would result in a post code lottery for the most severely disabled people. This is what will happen in Wales under the proposals.

“I’m calling for each Assembly member to sign up to my Statement of Opinion, and urging as many people to contact their Assembly Member asking them to support it. So far 20% of Assembly Members have signed up. I would hope that Labour Assembly Members would support it, as it chimes with their own party policy that was only passed earlier this year following a strong grassroots campaign.”

Disability campaigner Nathan Lee Davies, of Wrexham, gave his backing for the Statement of Opinion:

“This is a very frightening time for disabled people with high care and support needs across Wales as they are being asked to rely solely on cash-strapped local authorities to meet their daily living requirements. The Welsh Government is quite simply washing its hands of all responsibility towards this section of society.

“Care packages were originally agreed upon by the disabled individual, local authorities and a third-party social worker who was entirely independent. Under the new system, who would disabled people be able to turn to if they did not agree with the local authority? The existing tripartite system for deciding care packages MUST be maintained.

“I should also underline the fact that I am an employer who provides work for five other people. The loss of WILG could mean that my personal assistants will be losing significant amounts of work.”

The Statement of Opinion says:

This Assembly:
1. Notes the cuts suffered by local authorities over recent years, and the squeeze on social services budgets across Wales.
2. Further notes that article 19 of the United Nations Convention on the Rights of Persons with Disabilities states how people with disabilities should have “choices equal to others”.
3. Commends the Scottish Government on introducing a successful Independent Living Fund that is trusted and has a national criteria.
4. Believes that the Welsh Independent Living Grant should be retained as a national funding package with a national criteria, ensuring the recipients independence, along the lines of ILF Scotland.
Anybody wanting to urge their AM to sign the Statement of Opinion should ask them to support OPIN-2018-0094 The future of the Welsh Independent Living Grant

SOP and signatories here: http://record.assembly.wales/StatementOfOpinion/94

Ends

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Pressure grows to keep disability living grant #SaveWILG

Taken from the Plaid Wrecsam blog with sincere thanks.  

Pressure is mounting on the Welsh Government to maintain an essential grant for disabled people after 20% of AMs backed a statement of opinion.

Plaid Cymru AM Llyr Gruffydd has tabled a Statement of Opinion in the National Assembly calling for the Welsh Independent Living Grant, which allows severely disabled people to continue to live independently, to be retained. The Welsh Government plans to scrap the grant next year, transferring the responsibilities over to Local Authorities.

Nathan Lee Davies, of Wrexham, has been campaigning to keep the grant for several years, and managed to pass a motion of support for maintain the grant at this year’s Welsh Labour Spring Conference.

Llyr Gruffydd, Plaid Cymru’s North Wales AM, said:

“Recipients of the Welsh Independent Living Grant tell me that the system as it is now works well, and they fear that transferring the responsibility over to councils would compromise their independence. Maintaining their independence is paramount. Their dignity and right to independence should be respected.

“Scotland’s Government has maintained its Independent Living Grant and indeed invested in the scheme. It’s widely supported by disabled people, and it provides a national criteria instead of forcing a prescribed criteria locally that would result in a post code lottery for the most severely disabled people. This is what will happen in Wales under the proposals.

“I’m calling for each Assembly member to sign up to my Statement of Opinion, and urging as many people to contact their Assembly Member asking them to support it. So far 20% of Assembly Members have signed up. I would hope that Labour Assembly Members would support it, as it chimes with their own party policy that was only passed earlier this year following a strong grassroots campaign.”

Disability campaigner Nathan Lee Davies, of Wrexham, gave his backing for the Statement of Opinion:

“This is a very frightening time for disabled people with high care and support needs across Wales as they are being asked to rely solely on cash-strapped local authorities to meet their daily living requirements. The Welsh Government is quite simply washing its hands of all responsibility towards this section of society.

“Care packages were originally agreed upon by the disabled individual, local authorities and a third-party social worker who was entirely independent. Under the new system, who would disabled people be able to turn to if they did not agree with the local authority? The existing tripartite system for deciding care packages MUST be maintained.

“I should also underline the fact that I am an employer who provides work for five other people. The loss of WILG could mean that my personal assistants will be losing significant amounts of work.”

The Statement of Opinion says:

This Assembly:
1. Notes the cuts suffered by local authorities over recent years, and the squeeze on social services budgets across Wales.
2. Further notes that article 19 of the United Nations Convention on the Rights of Persons with Disabilities states how people with disabilities should have “choices equal to others”.
3. Commends the Scottish Government on introducing a successful Independent Living Fund that is trusted and has a national criteria.
4. Believes that the Welsh Independent Living Grant should be retained as a national funding package with a national criteria, ensuring the recipients independence, along the lines of ILF Scotland.
Anybody wanting to urge their AM to sign the Statement of Opinion should ask them to support OPIN-2018-0094 The future of the Welsh Independent Living Grant

SOP and signatories here: http://record.assembly.wales/StatementOfOpinion/94

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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Question Time in Caernarfon #SaveWILG

I am requesting help on Twitter to spread awareness of our #SaveWILG campaign during Thursday evening’s Question Time, which is taking place in Caernarfon. We have fellow campaigners in the audience to ask questions, though we recognise that it is very unlikely that any question on the future of WILG will be aired on the BBC.

If you are busy on Thursday evening, don’t worry. You can also get the message across to Assembly Members throughout Wales at any time. We must make it clear that there is still time to reverse the awful decision to close WILG and transfer all responsibilities for Independent Living to local authorities.

A list of AM Twitter handles can be found below along with a suggested Tweet and electronic postcards and memes that can be attached to Tweets for greater impact. Even if you only manage to Tweet a handful of AMs, this could make a real difference to disabled people across Wales.

You should also look out for some BRAND NEW MEMES that will be coming your way very soon.

Thanks for your support.

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SUGGESTED TWEETS:

Please be advised that these Tweets should be modified and adapted slightly to prevent Twitter from assuming they are spam messages. To help prevent this, the Tweets can also be individualised by using some of the many postcard photographs, electronic postcards and memes. 

Key addresses to include for tonight’s programme and over the coming months are as follows:

First Minister Carwyn Jones – @fmwales 

Minister for Children, Older People and Social Care, Huw Irranca-Davies  -@huw4ogmore

Disabled ppl with high care and support needs are in search of your support to maintain Independent Living for all. Are Welsh Labour planning on listening to the democratic wishes of their members #bbcqt

Disabled ppl with high care and support needs are in search of your support to maintain Independent Living for all. #SaveWILG #bbcqt

Wales voted Labour. Don’t copy Tory policy and damage independent living 4 disabled ppl. WHAT USE IS A TRANSITION PERIOD IF OVERWHELMING EVIDENCE AND A DEMOCRATIC VOTE IS NOT ENOUGH FOR A GOVERNMENTAL RE-THINK? #bbcqt

Wales voted Labour. Don’t copy Tory policy and damage independent living 4 disabled ppl #SaveWILG #bbcqt

This is the impact of closing the ILF in England  https://www.gov.uk/government/publications/independent-living-fund-post-closure-review #SaveWILG #bbcqt

Welsh Labour: Don’t copy Tories in Westminster. Protect independent living 4 disabled ppl #SaveWILG #bbcqt

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David Melding @DavidMeldingAM

Lynne Neagle @lynne_neagle

Gareth Bennett AC/AM @GarethBennettAM

David Rowlands AC/AMVerified account @DavidRowlandsAM

Hefin David AC/AM @hef4caerphilly

Caroline Jones AC/AM @carolineUKIP

Dr Dai Lloyd AC/AM @DaiLloydAM

Carl Sargeant AM @Carl4AandD Michelle Brown AM @MishBrownAM

Carwyn Jones AM/ACVerified account @AMCarwyn

Joyce Watson AM @JoyceWatsonam

Nathan GillVerified account @NathanGillMEP

Neil Hamilton AC/AMVerified account @NeilUKIP

John Griffiths AM @JGriffithsLab

Vikki Howells AM @VikkiHowells

Ann Jones AM @ann_jonesam

David Rees @DavidReesAM

Neil McEvoy AM @neiljmcevoy

Ken Skates AMVerified account @KenSkatesAM

Dafydd Elis-Thomas @ElisThomasD

MickAntoniw AM @MickAntoniw1

Jayne Bryant AM @JBryantWales

Mike Hedges @MikeHedgesAM

Julie James AMVerified account @JulieJamesAM

Rebecca Evans AMVerified account @RebeccaEvansAM

Eluned Morgan @Eluned_Morgan

JaneHutt AMVerified account @JaneHutt

Rhianon Passmore @rhi4islwyn

Elin Jones @ElinCeredigion

Vaughan Gething AMVerified account @vaughangething

Mark Drakeford AMVerified account @MarkDrakeford

Mark Isherwood AMVerified account @MarkIsherwoodAM

Angela Burns @AngelaBurnsAM

Mohammad Asghar AMVerified account @MohammadAsghar

Lesley GriffithsVerified account @lesley4wrexham

Nick RamsayVerified account @NickRamsayAM

Andrew RT DaviesVerified account @AndrewRTDavies

Simon ThomasVerified account @SimonThomasAC

Huw Irranca-DaviesAMVerified account @huw4ogmore

Russell George AMVerified account @russ_george

Rhun ap IorwerthVerified account @RhunapIorwerth

Julie MorganVerified account @JulieMorganLAB

Sian Gwenllian AC/AM @siangwenfelin

Janet Finch-SaundersVerified account @JFinchSaunders

Lee Waters AMVerified account @Amanwy

Alun DaviesVerified account @AlunDaviesAM

Jeremy Miles AC/AMVerified account @Jeremy_Miles

Jenny Rathbone AMVerified account @JennyRathbone

Mark Reckless AMVerified account @MarkReckless

Dawn Bowden AM @Dawn_Bowden

Llyr Gruffydd AC/AM @LlyrGruffydd

suzy daviesVerified account @suzydaviesam

Darren Millar AMVerified account @DarrenMillarAM

Steffan LewisVerified account @steffanlewis

Adam PriceVerified account @Adamprice

Hannah Blythyn AM @hannahblythyn

Kirsty WilliamsVerified account @Kirsty_Williams

LeanneWoodVerified account @LeanneWood

Bethan Maeve AM/ACVerified account @bethanjenkins

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