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Service Reviews – Outline Business Case - Somerset County Council

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(Cabinet – 2 May 2012)<br />

personalisation agenda<br />

Under the Health and Social Care Act 2008 the following<br />

types of service that are provided by the LDPS are<br />

regulated by the Care Quality Commission (CQC):<br />

• The provision of personal care for people who are<br />

unable to provide it for themselves, because of old age,<br />

illness or disability, in the place where they are living,<br />

for example, by a domiciliary care agency 5 . This<br />

includes domiciliary care provided as part of the<br />

“Supported Living” model of provision<br />

• Adult placement schemes 6 .<br />

• Accommodation for people who require nursing or<br />

personal care 7 . This includes residential care and<br />

residential short breaks<br />

2012/13 LD Employers<br />

Superannuation contribution<br />

Fees and charges<br />

This means that all services, other than day and work<br />

preparation, are subject to statutory regulation<br />

£4,656,600<br />

Adult Social Care fees and charges may apply to services<br />

provided by the LDPS depending on individual<br />

circumstances. As part of the Medium Term Financial<br />

Plan (MTFP), fees and charges are updated annually and<br />

adjusted to take account of cost of living and annual<br />

benefit increases, market factors, legislation, national<br />

guidance, demand and local policy requirements. Adult<br />

Social Care fees and charges for 2012/13 were set by<br />

SCC’s Cabinet on 1 st February 2012 8 .<br />

In terms of SCC statutory duties the following applies in terms of funding services<br />

to meet FACS eligible needs, irrespective of the type of provider:<br />

• Must do: Funding of Adult Social Care services to meet eligible needs under<br />

Fair Access to Care <strong>Service</strong>s. The types of service that meet these needs<br />

include residential care, nursing care, supported living, shared lives (adult<br />

“fostering”), respite services (including daytime respite) emergency assessment<br />

service for people experiencing a crisis and support to carers. There is currently<br />

no single modern statute which outlines the statutory framework for Adult Social<br />

Care services 9 ; however it is clear that the <strong>County</strong> <strong>Council</strong>’s responsibility for<br />

funding these and similar types of service are underpinned by legislation. See<br />

Appendix B for an overview of the legislative framework.<br />

5 Care Quality Commission, The scope of registration, Care Quality Commission, December 2011, p17<br />

6 Care Quality Commission, The scope of registration, Care Quality Commission, December 2011, p18<br />

7 Care Quality Commission, The scope of registration, Care Quality Commission, December 2011, p20<br />

8 Item 9, Community Directorate Fees and Charges 2012-13, Appendix A<br />

9 The Law Commission , Adult Social Care, 10 May 2011, LAW COM No 326<br />

A - 13

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