A.  Report of the Chief Internal Auditor

Adult Social Services – Charging Policy – Service Users Residing at “In-House” Supported Living Units during the period 1997 – 2003

Further to minutes 23 (23 September 2009) and 42 (3 November 2009), the Chief Internal Auditor presented an update to his report in relation to the ‘Special Charging Policy’ applied to service users residing at ‘in-house’ Supported Living Units during the period 1997 to 2003, which had been deferred at the last meeting of the Committee in order for it to be considered in conjunction with a final statement to be provided to the Committee by Mr Morton. However, that statement had not been received within time for it to be considered for inclusion in his report.

He commented also that following the last meeting a Member had submitted a request for auditors to seek the views of the Directors of Adult Social Services of the North West Authorities to specific questions, set out in an appendix to his report, in relation to whether those authorities had a separate charging policy for people with learning disabilities. He provided an analysis of the responses and indicated that due to the limited number of replies it had not been possible to draw a conclusion on whether the approach applied by Wirral was ‘unreasonable’. He confirmed that an analysis of the documentary evidence indicated that in October 2000, some officers were aware that the charges were not in accordance with best practice. In addition, there had been a failure to submit a further report to Members on service users in Supported Living accommodation, contrary to the statement in paragraph 4.24 of the report of the Director of Social Services to the Special Social Services Committee held on 26 July 2000 (minute 43 refers).

A Member expressed the view that residents of Bermuda Road, Curlew Way and Edgehill Road had been financially disadvantaged from 1999 onwards and that the Council should reimburse those residents from that point onwards. Other Members commented that although there were clear anomalies from July 2000, the position before that time was unclear. The Director of Law, HR and Asset Management offered a personal opinion, as a lawyer and shared by the Director of Adult Social Services that the decision taken by Members in 1997 was one that a court would not have considered to be unreasonable and, the failure to implement the ‘special charging policy’ elsewhere did not necessarily mean that the charges levied at the three establishments in Moreton were unlawful. The Chief Internal Auditor reported that, had the charging policy for Supported Living been reviewed, Members may have implemented the wider charging policy to “in-house” Supported Living, albeit the intention was unknown. However, if this had been decided, then the reimbursement for the 16 service users who were affected for the period 4 December 2000 to 31 March 2003 would total £127,700. This was calculated by reference to records of the amounts service users paid during the period, which were in excess of the charge that would have been levied had the recommendation of the wider departmental charging policy been applied to Supported Living.

B.  Statement from Mr M Morton

The Director of Law, HR and Asset Management presented a statement that had been received from Mr M Morton in relation to the ‘Special Charging Policy’. The Director had redacted the statement to remove all names of present and former officers except for current Chief Officers and the Chief Internal Auditor. This had been done so as not to prejudice an ongoing independent investigation into other allegations by Mr Morton. In addition, a small number of other potentially defamatory comments had also been redacted. However, the Director confirmed that the complete document would be forwarded to the independent investigator.

In response to questions from a Member, Mr Morton provided clarification of matters contained within his statement in relation to the application of the ‘special charging policy’ and also, the amount of income retained by service users for their own use.

C.  Report of the Director of Adult Social Services

Charging Arrangements for Supported Living in Wirral 1997 – 2003

Further to minute 43 (3 November 2009), the Director of Adult Social Services presented a report which had been deferred at the last meeting of the Committee, which set out his professional comments and views on the policies and practices with regard to Supported Living that were in place in Wirral during the period 1997 – 2003.

It was moved by Councillor Southwood and seconded by Councillor Reisdorf –

“(1) That the issues contained within the report of the Chief Internal Auditor be noted.

(2) That the statement received from Mr Morton be noted.

(3) That the Director of Adult Social Services be instructed to seek the approval of the Cabinet for the reimbursement of residents and former residents of Bermuda Road, Curlew Way and Edgehill Road, Moreton for the period dating back from March 2003 to December 2000, based on the difference between the ‘special charging policy’ and the wider review of Social Services charging approved by Members in July 2000; and/or to take any other appropriate restorative action.

(4) That the issues contained within the report of the Director of Adult Social Services be noted.”

It was moved as an amendment by Councillor Mountney and seconded by Councillor Povall –

“That the Director of Adult Social Services be instructed to seek the approval of the Cabinet for the reimbursement of residents and former residents of Bermuda Road, Curlew Way and Edgehill Road, Moreton for the period dating back from March 2003 to September 1999.”

The amendment was put and lost (2:4)

The Motion was put and carried (4:0) (Councillors Mountney and Povall abstaining)

Resolved –

(1)  That the issues contained within the report of the Chief Internal Auditor be noted.

(2)  That the statement received from Mr Morton be noted.

(3)  That the Director of Adult Social Services be instructed to seek the approval of the Cabinet for the reimbursement of residents and former residents of Bermuda Road, Curlew Way and Edgehill Road, Moreton for the period dating back from March 2003 to December 2000, based on the difference between the ‘special charging policy’ and the wider review of Social Services charging approved by Members in July 2000; and/or to take any other appropriate restorative action.

(4)  That the issues contained within the report of the Director of Adult Social Services be noted.