Further to the deferral of this item at the last meeting (minutes 37 and 39 refer – 10/11/09) the following reports are submitted for the Committee’s consideration together with the resolution of the Audit and Risk Management Committee of 25 November, 2009.

(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 to 2003

(b)  Statement from Mr M Morton

(c)  Report of the Director of Adult Social Services

  Charging Arrangements for Supported Living in Wirral 1997 – 2003

Further to the deferral of this item at the last meeting (minutes 37 and 39 refer – 10/11/09) the reports of the Chief Internal Auditor on Adult Social Services – Charging Policy, the Statement from Mr M Morton and the report of the Director of Adult Social Services on Charging Arrangements for Supported Living in Wirral 1997 – 2003, were submitted for the Committee’s consideration together with the resolution of the Audit and Risk Management Committee of 25 November, 2009.

The Director also circulated his report, ‘Residents of Bermuda Road, Curlew Way and Edgehill Road’ the recommendations of which were approved by Cabinet on 14 January, 2010.

Resolved – That the reports and recommendations be noted.

(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 to 2003

(b)  Statement from Mr M Morton

  To be circulated separately

(c)  Report of the Director of Adult Social Services

  Charging Arrangements for Supported Living in Wirral 1997 – 2003

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,  ...  view the full minutes text for item 47