SDS Standard Standard 13 on Direct Payments

Legislation & Guidance
1

@MarkieBoy mentioned that a new SDS Standard covering Direct Payments is on the way. I wonder if it would be helpful to raise questions in this thread that the new Standard might address. Off the top of my head:

  1. Can an LA dictate how a DP is received and held? We’ve seen multiple times how DP users are given managed accounts and pre-paid cards which have then been used to restrict choice and control. Is this something that can be governed by local policy?

  2. We know outcomes must be jointly agreed in a support plan. But to what extent does the local authority get a say in exactly how the money should be spent to meet those outcomes? Many times we have heard of restrictions placed on the spending, even spending which appears to meet outcomes. Should a clear distinction be made in the guidance between means and ends?

  3. Is there a legal basis upon which LAs may require money to be returned simply because it is unspent? Local authorities operate local policies which have such provisions, but do these policies have legal effect?

  4. What is the legal status of a Direct Payment agreement considering that the relationship between DP user and a local authority is primarily governed by statute, and bears few of the legal hallmarks of a contract?

  5. The SDS Standards are non-statutory guidance. To what extent may they be relied upon? Where do they get their authority from?

Any others?