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Dumfries and Galloway Providers Self-directed Support Workshop . The national picture Donald Macaskill. Dumfries, 19 th November 2013. 2 013 is a key year Consultation on Regulations and Guidance – spring/summer 2013.

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dumfries and galloway providers self directed support workshop

Dumfries and Galloway Providers Self-directed Support Workshop .

The national picture

Donald Macaskill

Dumfries, 19th November 2013.


2013 is a key year

  • Consultation on Regulations and Guidance – spring/summer 2013.
  • Anticipated presentation of Regulations to Parliament –late November/December 2013
  • Statutory Guidance - January 2014
  • Guide for staff (ADSW) and Guide for users and carers (CCPS/SDSS)– spring 2014.
  • Enactment and implementation – April 2014.
  • Guide for providers – spring 2015.

Dumfries, 19th November 2013.


Ongoing issues.

  • The role of residential care – national pilot and direct payments issue.
  • The role of residential care and options 2,3,4
  • Strategic Commissioning in Public Bodies Bill/ Commissioning model in SDS Act.
  • How will local authorities address the four options.
  • Local authority duty to provide independent information
  • The creation of a diverse market
  • Risk enablement and adult protection
  • Workforce development and training

Dumfries, 19th November 2013.


Option 2 issues.

There is significant variation in the way that local authorities are interpreting and implementing Option 2 of the Social Care (Self-directed Support) (Scotland) Act, 2013. There are two areas of variation of particular interest:

Variation in the interpretation of what organisation(s) can hold Option 2 budgets on behalf of the supported person.

Variations in the use and terms of framework agreements for option 2.

Dumfries, 19th November 2013.


“Option 2: The selection of support by the supported person, the making of arrangements for the provision of it by the local authority on behalf of the supported person and, where it is provided by someone other than the authority, the payment by the local authority of the relevant amount in respect of the cost of that provision.”

Dumfries, 19th November 2013.


“56. Option 2 describes an arrangement where the individual selects the support that they want and the local authority – or subsequently a provider on their behalf - makes various administrative arrangements on the supported person’s behalf.

Dumfries, 19th November 2013.


58. Arrangements under Option 2 should provide a further degree of choice, control and flexibility beyond what would otherwise be available under Option 3 (arranged support). The supported person should be firmly “in the driving seat” working alongside the professional to direct their support. The arrangements should be designed and operated in such a way as to give the supported person much greater control over their support and a practical means by which to exercise this control.

Dumfries, 19th November 2013.


The arrangements should make it straightforward for the supported person to exercise control over their support, to secure their preferred support and to make adjustments to their support quickly and efficiently. Though the authority is not obliged to make arrangements as set out in this guidance, there are very few limits to what can be done. The key limitation is that a person cannot use Option 2 in order to employ their own staff.”

Dumfries, 19th November 2013.


Option 2 budgets are held by the local authority only –Third parties are not permitted to hold option 2 budgets. Supported people requesting this are to be directed to Option 1 instead (a direct payment.)

A range of organisations hold Option 2 budgets: As intended by the legislation and draft statutory guidance Option 2 budgets can be held by a range of organisations including the local authority, providers, brokerage organisations and Centres for Independent Living.

Dumfries, 19th November 2013.


Third party organisation(s) hold all Option 2 budgets:The local authority delegates all Option 2 budgets to a third party on the grounds of cost-effectiveness and increased flexibility.

Off framework selection isn’t permitted: Supported people wishing to direct their own support under Option 2 are not permitted to select ‘off-framework’. Selecting off-framework is only permitted under Option 1 (a Direct Payment).

Where individuals buy off-framework under Option 2 their choice remains the same- If a person requests a provider which is not on the framework, this can be purchased off-framework by the local authority.

Dumfries, 19th November 2013.


s.19 of the Act places a duty on local authorities to, as far as is reasonably practicable, promote a range of providers and types of support provided by it, and other providers. Concerns are emerging that price- controlled/approved provider frameworks for Option 2 may militate against the development of a diverse support market.

Dumfries, 19th November 2013.


People as Partners Project


Dr Donald Macaskill


Tel: 07545 847382

Dumfries, 19th November 2013.