Welsh Government

Letter from David J Rowlands, AM #SaveWILG

Below I have copied a letter from David J Rowlands, AM, Chair of the Petitions Committee. That should be of interest to all WILG recipients and their families. 
 

 8 August 2018 

 

Dear colleague, 

 Petition P-05-771 Reconsider the closure of the Welsh Independent Living Grant and support disabled people to live independently  

The Petitions Committee is considering the following petition, which was received from Nathan Lee Davies having collected 631 signatures: 

 I am a recipient of the Welsh Independent Living Grant (WILG) and a disability activist who intends on asking Welsh Government to reconsider their decision to close WILG as of April 2019.  

The WILG was introduced to help people who previously claimed from the UK government’s Independent Living Fund (ILF), which closed in 2015. More  than 1,500 people are helped by the scheme across Wales. Recipients all  have high degree of care and support needs. 

It was due to run until the end of March 2017, but Social Services Minister Rebecca Evans said in November that funding would continue for another year. 

 The annual £27m fund will then transfer directly to local authorities during 2018-19 so they can meet the support needs of all former ILF recipients by 31 March 2019. 

 Additional information: 

Why we oppose this decision: 

 The Welsh Government said the decision was taken on stakeholder advice. The majority of representatives on the stakeholder group were third sector or citizens. But they didn’t want WILG scrapped and the key point is that our advice was not accepted. 

 It should also be remembered that closure of WILG is not inevitable as is proved through the formation and success of the Scottish Independent Living Fund; which also works to support the Northern Ireland ILF. 

 Furthermore, the hugely popular Labour Party Manifesto outlined plans to set up a national care system to exist independently of local authorities. 

 This is exactly the time that the Labour Party should be united on such issues against the Tories. We must question why Welsh Labour are not playing their part in the changing political landscape? 

 Indeed, eventually it should be our aim to set up an Independent Living Fund for Wales so that no disabled person should have to suffer the same uncertainty and isolation as WILG recipients are now experiencing. We can only begin to believe that true social justice and equality for all is possible if Welsh Labour revisit their WILG decision. 

 Welsh Labour will no doubt argue that we should give the Social Services and Well-being (Wales) Act a chance to succeed. However, this idealistic act needs hefty investment and resources to ensure it is a success – with no sign of any of the necessary improvements to our infrastructure that the success of the Act depends on. This may indeed be the time for a revolutionary change in the way social care is delivered, but such a transformation could take a decade or more and WILG recipients do not deserve to be treated like guinea pigs when their high care and support needs require long-term stability and structure. 

 Most recently, the Committee held evidence sessions with the petitioner and the Minister for Children, Older People and Social Care. Details of all the evidence received to date can be found here: http://www.senedd.assembly.wales/ieIssueDetails.aspx?IId=19785&Opt=3 

 The Committee has agreed to seek the views of others who may have a perspective on the petition and the decision to close the Welsh Independent Living Grant from March 2019. 

 We would therefore be extremely grateful to receive any views you have in relation to the following issues (or any other matters which you feel are relevant): 

  • The Welsh Government’s decision to transfer funding for the Welsh Independent Living Grant to local authorities. 
  • The potential benefits or problems which may arise from supporting WILG recipients through local authority social care provision in the future. 
  • The current transition process, including assessment by local authorities, and any feedback from WILG recipients. 
  • If you (or your organisation) was involved in the work of the ILF stakeholder advisory group, your experience of this process and the extent to which the group’s deliberations and final recommendation reflected the views of members. 
  • Any alternative approaches that you believe should have been taken by the Welsh Government, or any changes which should be made at this stage. 
  • Any other views or comments that you have in relation to the petition. 

I would be grateful if you could provide any response which you wish to make by e-mail to the clerking team at SeneddPetitions@assembly.walesif possible by Friday 14 September 2018. 

Please feel free to share this letter with others who you feel would have views to share on any of the above. 

Responses are typically published as part of our Committee papers and will be discussed at a future Committee meeting. 

 Yours sincerely 

 David J Rowlands AM Chair 

 

 

Mind Games

My mind is cluttered up at the moment as the need to Save WILG increases and my disability continues to progress. Throughout all this I am surrounded by some amazing friends and comrades who really keep me going, yet still I remain intrinsically lonely.

This is not meant to be a self centred, depressing blog. I am just stating my feelings on a sleepy Sunday morning. Hopefully others will be able to relate to my story and it is in this spirit that I am writing.

After enjoying an evening watching the superb Joe Solo at The Sun Inn, Llangollen. This award-winning musician, writer, poet, activist, broadcaster and washing machine engineer hails from Scarborough. His musical odyssey began in 1987 fronting a bash-em-out band at school, and has seen him play seven countries either as lynchpin of pop-punk upstarts Lithium Joe or hammering out his unique brand of Folk, Punk and Blues in his own right.

He put on a wonderful sincere show that obviously came straight from the heart and he managed to spread his passion for politics throughout the packed pub.  As he was performing I couldn’t help but wish I had remembered to bring a #SaveWILG postcard for him to pose with. I had to compromise and took a photo of Joe and I after the gig so that I could show that he was a supporter of the campaign.

Then I saw the photo…

At the beginning of the evening I chose to wear my new New York City t-shirt in homage to John Lennon. Unfortunately, I do not resemble the former Beatle in any way whatsoever so could only be disappointed with a photograph of a chunky bloke slouching in a wheelchair with a recognisable t-shirt hiding his flab. I was disappointed with the picture. Joe looked great and we captured the busy pub behind us, but the shot was ruined by me. I guess this is what happens when you are a perfectionist trapped in a imperfect body.

john_600x

I think the problem is not that I am especially overweight. I recently got weighed and was pleased to find that I was only 13st. This is about average for someone of my age and height. The main issue that I have is my posture in my wheelchair as due to Friedreichs Ataxia my hips tend to roll forward causing me to slouch down to a uncomfortable position. My spine is of no use at all as I am suffering from Scoliosis which means my spine has a sideways curve.

I guess this is one of the hard things of living with Friedreichs Ataxia – it is constantly changing due to its progressive nature and I am always having to come to terms with accepting changes to my body. At a time when I am fighting the Welsh Government, Wrexham Council and Wrexham AFC this is particularly hard to cope with.

However, I am a fighter and I will continue to fight while trying to learn to ignore media perceptions of what is beautiful and accepting that I should really love myself.

I really should spend longer writing this blog, but I just do not have the time to explore my feelings in a deeper way. Tomorrow afternoon I have a meeting with Wrexham Council that I need to prepare for plus countless emails I need to write without any comfort eating…

The fight continues.

***

After watching Joe Solo, my own creativity was sparked into life again and when I got home I wrote the following Tanka while lying in bed.

Sepia stained youth

 Running free through fields of gold

Stranded in the past

As your whole body erodes

Revealed in digital form

 

 

Motion for Disability Labour AGM #SaveWILG

This is the motion I am proposing at the Disability Labour AGM on Saturday 8th September in Leeds.

Thanks must go to Keith Sinclair for his amazing work on creating this motion. The strength of the #SaveWILG campaign group never fails to impress me. It is very humbling.

***

Disability Labour notes:

  • the support for the Welsh Independent Living Grant (WILG) from recipients and the wider support that exists.

 

  • that a positive approach must include a tripartite team to agree the Care Package, comprising the disabled individual, the local authority and a Social Worker independent of both parties.

 

  • the decision of the Welsh Government to abolish the WILG

 

  • the overwhelming decision of the Wales Labour Party conference to support the saving of the Welsh Independent Living Grant (WILG)

 

  • the different approaches that have been adopted to supporting Independent Living in England, Scotland and Northern Ireland.

 

Disability Labour believes

  • that the approach to Independent Living adopted in England has been a disaster and that the models adopted in Scotland and North Ireland are more likely to meets the needs of disabled people.

 

  • that Constituency Labour Parties (CLPs) and trade unions in Wales should be congratulated for their support for the campaign to save the WILG.

 

  • that the evidence is clear that local authorities in Wales are not in a position to seamlessly take on the responsibilities of the WILG.

Disability Labour calls upon

  • the Welsh Government to save the WILG as a first step towards meeting the needs of disabled people in Wales

 

  • CLPS, unions and Labour affiliates to support the campaign to save the WILG.

 

Proposed by Nathan Lee Davies

Seconded by Dorian Gordon

 

 

If It Doesn’t Challenge You, It Won’t Change You

It has been a busy old week that has included hospital visit to the cardiologist and physiotherapist, as well as stressful meetings with the Wrexham Supporters Trust board and illuminating emails from Welsh Labour bureaucrats  that clearly show that the Welsh Government have something to hide over the WILG debacle.

HEALTH 

It has been a mixed week health wise. Depending on where you stand, my visit to the cardiologist revealed good/bad news that my heart is in good working order and I don’t have to return to the cardiologist for another twelve months.

I have also been to see the physiotherapist who raised concerns about my posture in my wheelchair. This echoed concerns raised by the wheelchair assessment team who I visited a few weeks ago. While I was with the physiotherapist she showed me, on a skeleton, the extent of my scoliosis. It was upsetting to watch her bend the spine of the skeleton in to a disfigured position. I guess this is life with ataxia – constantly trying to come to terms with a disability that is forever stressing.

MEETING WITH WREXHAM SUPPORTERS TRUST 

On Wednesday night I was at a meeting with some familiar faces who I have mingled with for over thirty years, as a Wrexham AFC supporter. However, the majority of people at this meeting between the board of Wrexham Supporters Trust and the Disabled Supporters Association Committee did not seem to show any understanding of consideration to the plight of disabled supporters in general.

This is neither the time, nor place to go into a deep discussion of everything that was said at the meeting – I will save that for another day, but it should be noted that I was hugely disgruntled by the attitudes shown by a so-called ‘community club’.

SUSPICIOUS MINDS

I will be writing a separate blog dedicated to the highly suspicious actions of the Welsh Government in the latest communication as the battle to #SaveWILG continues and intensifies.

I am being put under an intense amount of pressure as my body deteriorates and being forced to fight for the right of disabled people against the Welsh Government, Wrexham Council and Wrexham AFC. Luckily I have been fighting all of my life and I have the strength and stamina to carry on standing up for what is right thanks to my amazing circle of friends and comrades…

TOM ALLEN 

36634891_10155554936421846_1430258593860419584_On Thursday evening [26/7/2018] I went to watch the supremely funny Tom Allen in action at William Aston Hall at Glyndwr University.

I have watched this comedian performing before, when he starred alongside Suzi Ruffell at the Catrin Finch Centre, which is also part of Glyndwr University.

When I heard that Allen was performing at the Catrin Finch Centre again, I quickly snapped up tickets. This was some time last year I think. Earlier this year I received a phone call saying that due to the high demand for tickets, the show would be moved to the larger William Aston Hall. I was disappointed by this as the Catrin Finch Centre is a more intimate venue, where comedians do not need to rely on the use of a microphone. This is good for me and my hearing, which struggles to fully grasp what is being said when a voice is projected through a microphone.

Last night proved that this is indeed the case. I was frustrated beyond belief as Allen energetically pranced around the stage in front of me, and came out with classic quips judging by the roars of laughter around me. Alas, I could not decipher any of the jokes and could only pick up on certain words such as ‘party rings’, ‘ham sandwiches’ and   ‘Phil Spencer’.

Subsequently, I decided to leave at the interval. This was no judgement on Tom Allen, but just another frustrating sign that my progressive condition is accelerating and stopping me from doing things that I enjoy. What I really needed was subtitles and this got me thinking. Last week, I attended a Disability Wales conference on Direct Payments in Newtown, Mid Wales. Disability Wales had organised for  Palyntype support to be available.

This is basically a machine for typing in shorthand, now often used in transcribing speech to text for deaf people.This transcription was projected on to a large screen so those that are hard of hearing can follow everything that is being said. I found this to be extremely useful and beneficial, and would have appreciated it last night. If I ever #SaveWILG this is something that I would like to campaign for being used in may more locations across the country, as we strive to make events accessible to all.

I am hoping for a quieter weekend…

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.”

image2

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

Featured Image -- 3766

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.

*** 

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.

***