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Statutory Guidance to accompany the Social Care (Self-directed Support) (Scotland) Act 2013

DescriptionThis document contains Statutory Guidance on social care assessment and associated process. The guidance covers adults, children, young carers and adult carers.
ISBN9781784123482
Official Print Publication Date
Website Publication DateApril 01, 2014

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ISBN 978 1 78412 348 2
DPPAS 20187

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This document contains statutory guidance on social care assessment and associated process. It is issued to local authorities in order to update the relevant guidance and to reflect the duties and powers accompanying the Social Care (Self-directed Support) (Scotland) Act 2013. The guidance covers adults, children, young carers and adult carers. It was developed by Scottish Government with contributions from a joint working group of key partner organisations.

Contents

1. Introduction

Background

Statement of intent

Purpose

2. Summary: The SDS Act 2013 and its Impact on Local Authorities' Legal Duties And Powers

3. The 2013 Act and its Impact on Services to Children and Families

Introduction

The policy and practice context for children and families

The 2013 Act and its relationship to Getting it Right for Every Child

Safeguarding duties

4. Values, Statutory Principles and Human Rights

Values and statutory principles

The relationship between human rights, social care assessment and self- directed support

Guidance on Each Key Stage in the Person's Pathway Through Support

5. The Supported Person's Pathway

Introduction

Roles and responsibilities

6. Inform: The Provision of Information, Additional Support and Advocacy

The key legal duties in relation to Information, additional support and advocacy

The commissioning of support and information services

The role of independent and peer support

The role of advocacy and advocacy services

7. Assess: (Part 1): Determining Eligibility for Support and Conducting Statutory Assessment of Need

Introduction

The general principles that must inform the assessment

Determining a person's eligibility for support

Further exploration of the person's needs and personal outcomes

Further guidance: Children and Families

Further guidance: Carers Assessments

Further guidance: Assistance and Capacity

Further guidance: Complaints

8. Assess: (Part 2): The Duty to Provide Choice - The Four Options Under the 2013 Act

Introduction

Option 1: Direct payment

Option 2: Directing the available support

Option 3: The local authority arranges support for the supported person

The application of the 2013 Act & local authority discretion in relation to the 4 Options

Additional legal restrictions/discretion in relation to direct payments

Further guidance: Children and Families

Further guidance: Carers

9. Plan: Support Planning

General Guidance on Support Planning

10. Choose: The Selection of Support

Commissioning in the context of the 2013 Act

11. Support: The Provision of Support

Provision of support under Option 1: Direct payment's

Employment of personal assistants using direct payments

The Protecting Vulnerable Groups (Scotland) Act 2007

Employment of close relatives/family members as personal assistants

Provision of support under Option 2:

Complaints

12. Review

The general approach to reviews

13. Social Care Provision and Self-Directed Support: The Role of the NHS

What is meant by NHS or "health" support?

What is meant by a joint approach?

Examples of shared healthcare and social care needs

Joint working and combined budgets: what is "allowed"?

14. Additional Guidance

The relationship between protection duties and social care provision/

Self-directed support duties

Re-ablement

Intermediate care

Residential care

Charging

Charging for support to carers

Personal and nursing care

Housing support services

Equipment and adaptations (including housing adaptations)

15. Annexes

Annex A: Relevant Legal duties in relation to social care assessment.

Footnotes