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:


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

Written Statement

Social Services and Well-being (Wales) Act 2014: An update on legislative, national and regional implementation

Mark Drakeford, Minister for Health and Social Services


In May 2015, the Welsh Government began formal consultation on the second tranche of regulations, codes of practice and statutory guidance to be made under the Social Services and Well-being (Wales) Act 2014.

Following the end of the consultation on 31 July 2015, this statement updates Assembly Members on progress to date, highlights forthcoming activity and advises members of the communications support that we are making available.

The consultation covered 4 parts of the Act – specifically parts 5 (Charging and Financial Assessment), 6 (Looked After and Accommodated Children), 9 (Co-operation and Partnership) and 10 (Advocacy Services) – in line with the approach set out by the former Deputy Minister for Social Services Gwenda Thomas AM in her written statement of 16 July 2014.

During the 12-week consultation period, 2 events were held, involving over 200 delegates representing a wide range of stakeholder bodies from across Wales. More than 200 substantive written responses were received to the consultation from a broad mix of individuals, representative groups, local government and professional organisations.

The overall feedback was positive with respondents broadly supportive of both the principles and detail of the draft regulations, codes of practice and statutory guidance. Further detail on these will be available within the consultation summary reports to be published shortly.

As a result of consultation a number of key changes have been made. These include:

  • Adding a new chapter on debt recovery to the part 5 code on charging and financial assessment.
  • Creating a new requirement in the choice of accommodation regulations (under part 5) so that where a person’s preferred choice of care home cannot be met, the local authority must inform them of the specific reason for this.
  • Using clearer terminology in the care planning and placement regulations, around care and support plans, and in the part 6 code on looked after children, around the review of plans and their relationship with other plans.
  • Changing the regional collaboration footprint under part 9 to establish a separate partnership board for Powys, encompassing the local authority, Powys Teaching Health Board and key local partners.
  • Refining provisions within the part 10 code on advocacy around when a local authority must provide independent professional advocacy and including a reference to advocacy in each of the codes and statutory guidance produced under the Act.

The revised tranche 2 regulations and final codes of practice for parts 2 (General Functions), 3 (Assessing the Needs of Individuals), 4 (Meeting Needs), 5 (Charging and Financial Assessment), 6 (Looked After and Accommodated Children), 10 (Complaints, Representations and Advocacy) and 11 (Miscellaneous and General) of the Act, have now been laid before the Assembly for scrutiny. I will also publish statutory guidance on parts 7 (Safeguarding) and 9 (Co-operation and Partnership) later this month.

The regulations and codes of practice, as laid, can be viewed at:
http://www.assembly.wales/en/bus-home/Pages/Plenary.aspx?category=Laid Document

These, together with the code of practice in relation to measuring social services performance – laid before the Assembly in June and subsequently issued on 5 October – will substantially complete the legislative framework under the Act and provide much of the detail required for implementation. The final code of practice, in relation to part 8 of the Act (the role of Directors of Social Services) is currently out to consultation – closing on 4 December – and will be laid before the Assembly in early 2016, along with regulations in respect of consequential amendments.

Implementation will not be achieved through the making of legislation alone. We rely on a range of key partners to provide the national and regional leadership required to deliver the Act on the ground. Working with our immediate partners – the Welsh Local Government Association, the Welsh NHS Confederation, the Association of Directors of Social Services Cymru and the Care Council for Wales – we have prepared a collaborative statement, Delivering the Social Service and Well-being (Wales) Act. This sets out the main activities each partner will take forward over the coming months in progressing the national implementation programme. This joint approach demonstrates the commitment of each partner to ensuring that the Act delivers better, more sustainable social services for the people of Wales.

I have provided financial support to the 6 regional implementation collaboratives for the past 3 years, through the Delivering Transformation Grant (£3m in 2015-16), to enable capacity for implementation planning and preparations to deliver the new duties contained within the Act from 6 April 2016. Each regional collaborative has detailed implementation plans in place, and they are working together, with the support of the Association of Directors of Social Services Cymru and the Welsh Local Government Association to ensure consistent national approaches in key delivery areas.

The Care Council for Wales is delivering the National Learning and Development Strategy for the Act funded through a £1m allocation from the Social Care Workforce Development Programme 2015-16, with an additional £7.1m available to local authorities in order to prepare their workforces for the commencement of the Act. As part of this strategy the Care Council is preparing to roll-out bespoke learning materials on the Act for all partners to support the cascade of training within the regions from January 2016. This will be supported by the Care Council’s Information and Learning Hub – an accessible, one-stop-shop for information and resources on the Act, including the collaborative statement.

Shortly we will publish a set of technical briefings summarising the duties placed upon local authorities and their statutory partners by the Act to complement the themed infographics for key stakeholder groups already in circulation. Two major information events for stakeholders are also being held this month, one in North and one in South Wales.

One of the key messages highlighted through consultation has been the need to communicate the changes the Act will make to the general public. To this end, a Welsh Government-led national awareness raising campaign will commence in January 2016, preceded by an easily accessible summary publication developed for a wide range of audiences.

I am grateful to Members for the support provided in making the changes required to improve social services in Wales. Supported by input from the national partnership forum, leadership group and citizens panel, I will continue to ensure all the key aspects of Sustainable Social Services for Wales are taken forward by strong joint leadership from local government, the NHS and private and third sector partners, and that people who have need of care and support in Wales remain at the heart of our programme for change.