Free Personal Care Implementation Advisory Group minutes: March 2018

Minutes of the meeting of the Free Personal Care Implementation Advisory Group that took place on 19 March 2018.

Attendees and apologies

In attendance

  • David Fotheringham, Scottish Government (Chair)
  • Amanda Kopel, Frank’s Law Campaigner
  • Garrick Smyth, COSLA 
  • Yvette Burgess, Director of Housing Support and Enabling Unit taking the place of Annie Gunner Logan, Coalition of Care and Support Providers in Scotland 
  • Jane Johnstone, Office of the Chief Social Work Adviser, Scottish Government 
  • Julie Rintoul, Scottish Government, Health and Social Care Analysis 
  • Patrick Welsh, West Lothian Integrated Joint Board 
  • Mike Liddle, Scottish Government 
  • Chris Creegan, Scottish Commission for Learning Disability 
  • George Bowie, Angus Health and Social Care Partnership (H&SCP)
  • Fiona Hart, East Ayrshire H&SCP 
  • Susan Brodie, Scottish Government 


  • Jonathan Sharma, COSLA 
  • Donald Macaskill, Scottish Care 
  • Kenneth Leinster, South Ayrshire H&SCP and Social Work Scotland 
  • Sharon Wearing, Glasgow City H&SCP 
  • Julie Slaven, West Dunbartonshire H&SCP
  • Morag Johnston, CIPFA Directors of Finance
  • Annie Gunner Logan, Coalition of Care and Support Providers in Scotland
  • Sally Wicher, Service User Group Member

Items and actions

Item 1: Welcome, introduction and apologies

1. David Fotheringham welcomed those present and apologies were noted. 

Item 2: Previous minutes

2. The draft minutes of 26 February 2018 meeting were approved. 

Item 3: Role of the Implementation Advisory Group

3. The group considered and agreed to add the words “and costs” after the word “demand” in the Terms of Reference. 

4. The Terms of Reference have now been agreed and signed off by the group.

Item 4: Frank’s Law Campaign

5. Amanda Kopel presented a speech to the group relating to her and her late husband, Frank Kopel’s experiences that they both faced.  In particular relating to being charged for personal care due to Frank’s age during his illness and the impact this had on their lives and continues to have on Mrs Kopel’s own life now.

6. During Mrs Kopel’s speech she asked why the implementation was taking so long,  why  the date of April 2019 had been given and why this could not be brought forward. 

7. Mrs Kopel also provided real examples of people she knows who are currently in similar situations she and Frank found themselves in and asked how Frank’s Law coming into force by 1 April 2019 will help these people.

8. Mrs Kopel also asked how local authorities will monitor free personal care in the future, followed by asking for confirmation of how much money is being allocated to Frank’s Law.

9. David Fotheringham as Chair thanked Mrs Kopel for delivering such a powerful, personal and thought provoking speech. He responded to some of the questions that Mrs Kopel had posed within her speech, including explaining the funding for previous charging initiatives, the output from the feasibility study and plans for further assessing the cost of extending free personal care. 

10. The group followed this by discussing with Mrs Kopel further questions that were posed within her speech. This included providing examples of their professional experiences, the challenges of meeting the demand for services and the wide range of issues they are required to take into consideration in preparation for the extension of Free Personal Care to those under the age of 65. 

Item 5: Legislation timetable

11. Mike Liddle provided an explanation of the affirmative statutory instrument legislation indicative timetable. He explained how this will be followed to bring in the new legislation to underpin the extension of free personal care with a draft SSI expected to be laid by end of April.

Item 6: Networking break

Item 7: Guidance

12. Susan thanked those in the group who had provided suggestions relating to the guidance and informed them if these suggestions are not incorporated into this draft; they will be in the next draft and will be brought to the attention of the group for discussion and agreement.   David also informed the group that the Scottish Government Legal Department would be involved during the development of the guidance to provide legal checks.  

13. Susan informed the group that SG officials are currently in discussion with specialists relating to specific areas within sections 1 and 2 of the guidance and will report back to the group their findings at future meetings.

14. The group considered and discussed the proposed changes and questions put to them in relation to sections 1 and 2 of the draft guidance.  It was agreed that consideration would need to be given to raising awareness of the extension of free personal care.

15. The group agreed changes and updates and will consider further changes and questions on other areas in the guidance at its meeting in April.

Item 8: SACT proposal

The group discussed the proposed “Rebate system” as provided by Scotland Against the Care Tax.  The group agreed further work is required to consider the SACT proposals.

Item 7: AOB

16. No other business raised.

Item 8: Next meeting

17. The next meeting will be held on Monday 16 April at 2pm in COSLA Buildings, 19 Haymarket Yards, Edinburgh. 



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