Rural Community Gateway

Editor's note: This article was updated in June 2008.

By Mike George

The great majority of people assessed by local authorities as being in need of assistance in their own homes now have the right to appoint and employ their own carers, if they wish, instead of accepting the care provided by the local council’s social services department.
One form of this system is known as Direct Payments, and is available to people of all ages.  In broad principle, the local authority provides them with the money to pay wages, National Insurance, and all the incidental costs involved in being an employer. The system can be used by people with physical and mental disabilities, by parents on behalf of children who need care, and by people whose ability to look after themselves is impaired by old age. Exceptions are extremely rare, and are usually confined to people whose care has been ordered under the provisions of mental health legislation.
Another system, called “In Control” is in the process of being introduced by some Scottish local authorities – notably Aberdeen City. It has a somewhat wider scope than Direct Payments, and details of its broad principles are available at the In Control website.
The advantage of these systems is that people who opt for them can choose their own helpers (known in Direct Payments circles as Personal Assistants), usually from within their own communities. Thus they receive a consistency of care from the same person – the person of their own choice. Another alternative is for recipients to employ the agency of their choice.
Recipients of local authority money to run their own care arrangements say the systems make a great contribution towards independent living, and give them a feeling that they are in charge of their own lives.
In some areas Direct Payments are run by local councils as complete in-house operations, while in others the councils contract out to charities set up for the purpose.
The apparent down side of employing your own carers, particularly for people with disabilities, is that they may find the administrative side of becoming an employer somewhat daunting, because they have to conform to employment and tax legislation. Most councils also now have a requirement that all PAs should be holders of Enhanced Disclosure certificates.
However, many Direct Payments charities make the administration side easy for recipients. Typical is Direct Payments Caledonia, which administers the system in Aberdeenshire and Moray. They provide a full service, at no personal cost to recipients. This includes help with assessments, the recruitment of suitable personnel, the acquisition of Disclosure certificates, training for both employers and employees arranged by their own, fully-qualified training officer, a payroll service which looks after Income Tax and National Insurance, access to suitable employee liability insurance, and many other kinds of back-up and help should difficulties arise.
Their staff make hundreds of personal visits to people in their homes every year, both to explain the Direct Payments system to would-be recipients, arrange recruitment of PAs, and to help existing recipients with problems.
This does not mean that Direct Payments recipients are totally free of administrative tasks and responsibilities, but it does mean they are kept to a reasonable minimum. For instance, health and safety at work legislation has to be observed, and accurate financial records have to be kept. These records have to be available for audit, because councils do like to keep a check on how public money is being spent!
If you feel that you would like the freedom to direct your own personal care, or you just want to learn more about the system in place in your area, you should ask your local social services department for details.
The above information should not be considered a definitive guide to the Direct Payments or In Control systems, and is intended as a guideline to general principles only.

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