You Have a Choice: The Care Act 2014 and Your Right to Direct Payments

You Have a Choice

This article offers advice about choosing your domiciliary care provider. It is particularly aimed at people who are, or who are seeking to be, wholly or partly funded by social services. If you fund your own domiciliary care you can choose your provider. The same is also true if you are funded through social services: you have a choice. You may be very happy for someone to sort everything out for you: and there is nothing wrong with that. However, the fact that you are reading this suggests that you might be interested in exploring your options. Let’s look, then, at what having a choice means.

Social Services Assessments

I have written about these in previous articles so I’ll keep this quite brief. To qualify for social services funding there are two assessments required. The first is a needs assessment the second is a means test, an assessment of finances. You can read my articles on needs assessments and financial assessments by clicking the links.

If you qualify for social services support you will be given a personal budget. If you wish to choose your own care provider you can have your budget paid to you as a direct payment. As I said above, you do not have to do this. It is your choice. Whoever does your assessment should advise you that this choice is open to you.

Direct Payments

If you choose not to have a direct payment, social services will sort everything out for you. If you do choose a direct payment, you can look after it yourself or someone can look after it for you. Someone who looks after your direct payment for you is referred to as your nominated person.

You have a right to have a direct payment. It is enshrined in law. Section 31 of the Care Act 2014 says that if you request a direct payment, the Local Authority to which the request is made “must” make the payment to you. In an Act of Parliament, the word “must” used in this context means that a duty is imposed on a body or bodies, in this case Local Authorities. Where there is a duty imposed on a body there is usually a right granted to another allowing enforcement of that duty. In this case you have the right to a direct payment that is enforceable against the Local Authority.

There are certain circumstances where social services can refuse a direct payment request. However, under usual circumstances, so long as you are able to consent to having direct payments you will be entitled to them.

The Benefits of Direct Payments

As this is public money, quite rightly, you cannot spend a direct payment on just anything; and you will be audited by your Local Authority. Direct payments do, though, give you a large element of control over your care package. Direct payments allow you to choose your home care provider rather than having one chosen for you. But it is more than that. There are wider benefits that flow from exercising choice. 

Choice promotes dignity, and brings independence, and self-reliance, and enhances well-being, and satisfaction and peace of mind, and gives a sense of achievement: And these are benefits that should never be underestimated.

Nothing, though, is set in stone. You can change your mind. If you decide to allow Social Services to look after things for you, you can, at a later date, choose to have a direct payment. There is flexibility in the system to work for you. For more information about obtaining a direct payment and changing home care providers click on this link.

You have a choice.

Garry Costain is the Managing Director of Caremark Thanet, a domiciliary care provider with offices in Margate, Kent. Caremark Thanet provides home care services throughout the Isle of Thanet. Garry can be contacted on 01843 235910 or email garry.costain@caremark.co.uk. You can also visit Caremark Thanet's website at www.caremark.co.uk/thanet.