The 2013 Act creates or preserves a number of duties that the Local Authority (LA) has in relation to the provision of support

1. Duty to provide choice of options

The extent of this duty is to be found across three sections of the 2013 Act

• Section 5 – towards those assessed as requiring services
• Section 7 – towards those assessed as requiring support as carers
• Section 8 – towards children and members of their family requiring support under                           1995 Act

If an individual is not eligible for Direct Payments the LA must notify them in writing why that is the case and advise them of the circumstances in which they can request a review under s12 of the 2013 Act.  As well as in writing, the LA must notify them in such other form as is appropriate to the needs of the person to whom it is given.

Additionally a person who is considered not to be eligible, must be allowed to choose one of the other options

The LA must inform the supported person/carer of:

a)        the amount that is the relevant amount for each of the options for self-directed                   support from which the authority is giving the person the opportunity to choose, 

and

(b)       the period to which the amount relates

 

2. Duty to provide assistance in respect of choice of options

This is found in section 6 of the 2013 Act

If it appears to the LA that the person requiring support would benefit from assistance making a decision in respect of the options because of a mental disorder or communicating the decision because of a physical disorder, they must support the person or identify persons able to assistance with the supported person consents and involve them

This provision doesn’t apply if a person has a guardian, continuing attorney or welfare attorney with powers in relation to the relevant matters or someone who has those powers under an intervention order.

3. Duty to provide information about self-directed support

This duty is contained in Section 9 of the 2013 Act

It applies to those given a choice of options under sections 5, 7 or 8. The Authority must give:

• an explanation of the nature and effect of each of the options for self-directed support,
• information about how to manage support,
• information about persons (including persons who are not employed by the authority) who can provide(i) assistance or information to the person to assist the person in making decisions about the options(ii) information about how to manage support, and
• in any case where the authority considers it appropriate to do so, information about persons who provide independent advocacy services

This information must be in writing and any other form necessary as appropriate.

3. Duty to provide information about self-directed support

Section 10 of the 2013 Act contains similar provisions relating to the provision of services to children

The duty to provide information on the choices to the appropriate person is similar to section 9

This duty is expressed in terms of being to give the child an explanation and information as far as practicable and taking account of the maturity of the child.

4. Duty to give effect to the option chosen

The Local authority must implement the option chosen; there is no discretion to deviate from this

5. Duty to offer another chance to choose option upon change of circumstances

Under section 13 of the 2013 Act, if a person chooses an option and then there is a material change in their circumstances of which the Local authority becomes aware, the LA must offer another chance to choose .

The LA also has a power to  agree to offer another choice even if there has not been a material change in circumstances.

It is important to note that this is a duty placed on the LA, that is to say there is no need to request a chance to choose a different option where there has been a material change, it is for the LA to instigate this.

Unlike the requirement to notify if the person is not eligible for direct payment, there is no apparent requirement for this notification to be in writing or such other form as appropriate for needs

6 Duty to promote options for self-directed support

This duty is found in  section 19 of the 2013 Act

The Local authority must take steps to promote the availability of all of the options of SDS.

As far as reasonably practicable they must promote a variety of providers and variety of support provide by it and other providers