Decision details

Reason(s) for decision:

It has been identified, in response to a complaint, that the Department of Health and Social Care (DHSC) may have issued statutory guidance that conflicts with primary legislation in relation to this issue, albeit this appears to have been subsequently clarified by DHSC. The Authority has been applying the statutory guidance and not the relevant legislation. Kent County Council’s Adult Social Care Charging Policy for homecare and other non-residential services must comply with the primary legislation and it is therefore necessary to fully review and update the Adult Social Care Charging Policy to bring it in line with the primary legislation.

Financial Implications:

The annual cost to the Authority is estimated to be £280k, resulting from lost income from those people who have not had the disregard correctly applied. The cost of £280k in 2022-23 would be reported in budget monitoring and would not necessitate a substantive amendment to the budget. As part of the necessary financial arrangements required to implement this policy, as noted in the decision, the Authority will recommend making an appropriate financial provision for any prior year costs that may arise from the policy change. This will be presented along with other provision requirements to Cabinet in June 2022 as part of the Revenue Outturn report. Subject to further formal governance processes, including appropriate consultation and relevant Executive Decision making, there is scope for the Policy application to be amended to address undercharging and bring all charges in line with the legislation and correct policy approach. This would involve an increase in the charging for some people and therefore could result in an estimated £290k per annum income from year 2023/24 – this sum excludes any effects of increasing debt which may arise should the relevant policy changes be given effect in future. These arrangements would all be subject to future activity and do not impact on the current decision but are highlighted for context and to indicate future financial considerations for longer term management of this issue.

As Cabinet Member for Adult Social Care and Public Health, I

a)    APPROVE the amended Adult Social Care Charging Policy;

b)    APPROVE the funding arrangements required to implement the updated policy; and

c)    DELEGATE authority to the Corporate Director Adult Social Care and Health to take relevant actions, including keeping the policy updated as necessary and to implement it in line with the statutory duties.