Agenda item

ORDERED that Executive:

1.    APPROVES the Interim Funding Arrangement Policy to take effect from 7 May 2025.

2.    APPROVES the delegated authority to the Director of Adult Social Care and Director of Finance and Transformation in consultation with the Executive Member of Adult Social Care and Executive Member for Finance to make any future minor revisions / modifications to reflect the financial / economic climate and / or statutory guidance changes.

The Executive Member for Finance and Executive Member for Adult Social Care and Public Health submitted a report for Executive’s consideration.

The purpose of the report was to approve the Interim Funding Arrangement Policy which would enable the Council to secure repayment of the short-term loan provided in respect of residential care fees, whilst providing assurances to the resident that their care home fees were being fully covered.

Central Government provided Local Authorities with statutory guidance issued under the Care Act 2014 in respect of a single legal framework for charging for care and support under sections 14 and 17. The Act was supported by the Care and Support Regulations (Statutory Instruments) and Care and Support Guidance and Annexes issued under the Care Act 2014. Local Authorities needed to follow this when charging individuals for their care and support needs.

In the majority of instances, residents who required residential care were able to manage their own affairs or, alternatively, have someone who could legally act on their behalf. In these situations, if someone was unable to pay the required fees for their care, they routinely entered into a DPA which secured payment of their care home fees moving forward. However, there were some instances when residents lacked the mental capacity to act for themselves and did not have someone legally appointed to act on their behalf.

In such circumstances, the Council was required to put alternative funding arrangements in place to support those individuals.

Implementing this Policy would provide short-term funding where a person’s ability to pay for care was based upon their capital, such as a property, and where they were unable to enter a DPA or access appropriate funds. The Policy would only apply if someone lacked mental capacity, and another person was applying to become their financial Deputy.

OPTIONS

The Council did have the option not to implement the Policy. However, by doing so this would have had a negative impact on the Council as it would not be able to recover care home fees, apply interest, or charge the administrative costs associated with these arrangements.

Under the Care Act, the Council had a duty to provide support to residents who were required to go into a care home, including paying care home fees where a resident was unable to access funds. If the Policy was not implemented, the Council would not have had the financial assurance of an Interim Funding Arrangement to secure payment of large debts.

ORDERED that Executive:

1.    APPROVES the Interim Funding Arrangement Policy to take effect from 7 May 2025.

2.    APPROVES the delegated authority to the Director of Adult Social Care and Director of Finance and Transformation in consultation with the Executive Member of Adult Social Care and Executive Member for Finance to make any future minor revisions / modifications to reflect the financial / economic climate and / or statutory guidance changes.

REASONS

The policy was a key decision that would impact on two or more wards and as such required Executive approval.

The policy upheld good practice within democratic processes and provided residents with a clear understanding of how short-term funding could be provided to support those in residential care who lack mental capacity to deal with their financial affairs.

The policy would result in no changes to the support provided, however would further strengthen current working arrangements should any queries arise in respect of any financial support available.

The policy provided clarification to residents, and those applying to become their financial Deputy, with simplified and clear details of their financial responsibilities and the support that may be available from Middlesbrough Council.

As the policy would be a working document, it was recommended that delegated authority to the Director of Adult Social Care and Director of Finance and Transformation in consultation with the Executive Member of Adult Social Care and Executive Member for Finance be given to approve future minor modifications to the policy to maintain service operation levels. Failure to keep pace with new legislation or working practices would leave the Council at risk and could result in inconsistent practices.

Until the policy has been formally implemented, special arrangements were being utilised to secure the repayment of debts for residential care. Once the policy was in place, the special arrangements would end. Those with special arrangements in place would be contacted in respect of moving to Interim Funding Arrangements, as per the policy. There was no consequential financial impact on residents following the change from special arrangements to the policy.