Supported living clients, who have care and support delivered to them in their own homes
Case reference FOI2025/00963
Received 19 May 2025
Published 10 June 2025
Request
With regard to supported living clients, who have care and support delivered to them in their own homes occupied under tenancies signed by either them or their authorised representatives or by administrative order from the Court of Protection, what percentage receives their budget via a direct payment, directly or indirectly under sections 31 or 32 of the Care Act, as opposed to receiving a commissioned service?
Does your council have any kind of a policy or practice whereby people who are tenants in supported living, whether it counts or not as 'specified' accommodation, are not permitted to receive their budget by way of a direct payment?
In an individual's situation if he, she, they or their advocate or informal supporter were to enquire about the possibility of their having a direct payment for their budget in supported living, how would the care plan/budget sign-off officer or officers approach that question with regard to the fact that one is allowed to refuse a direct payment on the basis that it is not an appropriate way of meeting a need?
In supported living households where you make a contract for the meeting of needs of the people sharing the house with one care provider, how do you achieve compliance with s25(11) of the Care Act if the occupants or any one of them does not have sufficient mental capacity to consent to sharing their care plans and the budgets required to meet each person's individual needs? Please provide a prose answer if none of the following apply:
a) you believe you can make a best interests decision as the council responsible for meeting the needs and that that is sufficient to comply with the very specific contents of that particular section?
b) you believe that the consent of people's best interests consultees is sufficient to comply with that section?
c) you believe that a registered finance and property power of attorney or deputy-ship is sufficient to comply with that section?
d) you believe that only a registered welfare power of attorney or deputy-ship is sufficient to comply with that section?
Response
With regard to supported living clients, who have care and support delivered to them in their own homes occupied under tenancies signed by either them or their authorised representatives or by administrative order from the Court of Protection, what percentage receives their budget via a direct payment, directly or indirectly under sections 31 or 32 of the Care Act, as opposed to receiving a commissioned service?
Answer: This information is not held. The Service Area have advised they don’t record data with this level of granularity.
Do you provide any general advice or information to those interested in the welfare of people for whom supported living is regarded as an appropriate way of meeting their needs, about the possibility of receiving their budget via a direct payment? Please link us to it if so.
Answer: Direct payment factsheets are publically available on our council website and can be viewed via the following link:
https://www.herefordshire.gov.uk/downloads/download/386/direct_payments_factsheets
As such we consider this information to be exempt under Section 21 of the Freedom of Information Act 2000 because it is reasonably accessible to you via other means. Please take this letter as a refusal notice under S17 of the Act.
Does your council have any kind of a policy or practice whereby people who are tenants in supported living, whether it counts or not as 'specified' accommodation, are not permitted to receive their budget by way of a direct payment?
Answer: The Service Area have advised individuals eligible to receive a Direct Payment will be offered one. Section 15 of the direct payment policy stipulates what direct payments cannot be spent on.
The policy is publically available on our council website and can be viewed via the following link:
https://www.herefordshire.gov.uk/downloads/download/386/direct_payments_factsheets
As such we consider this information to be exempt under Section 21 of the Freedom of Information Act 2000 because it is reasonably accessible to you via other means. Please take this letter as a refusal notice under S17 of the Act.
In an individual's situation if he, she, they or their advocate or informal supporter were to enquire about the possibility of their having a direct payment for their budget in supported living, how would the care plan/budget sign-off officer or officers approach that question with regard to the fact that one is allowed to refuse a direct payment on the basis that it is not an appropriate way of meeting a need?
Answer: The Service Area have advised direct payments will be offered to all eligible individuals in line with the Care Act 2014 and Herefordshire Council’s direct payment policy.
In supported living households where you make a contract for the meeting of needs of the people sharing the house with one care provider, how do you achieve compliance with s25(11) of the Care Act if the occupants or any one of them does not have sufficient mental capacity to consent to sharing their care plans and the budgets required to meet each person's individual needs? Please provide a prose answer if none of the following apply:
a) you believe you can make a best interests decision as the council responsible for meeting the needs and that that is sufficient to comply with the very specific contents of that particular section?
b) you believe that the consent of people's best interests consultees is sufficient to comply with that section?
c) you believe that a registered finance and property power of attorney or deputy-ship is sufficient to comply with that section?
d) you believe that only a registered welfare power of attorney or deputy-ship is sufficient to comply with that section?
Answer: The Service Area have advised when an individual lacks capacity to receive a direct payment, an Authorised Person is appointed to make decisions about the adult's needs for care and support. The process for identifying an authorised person is dictated by the Care Act 2014 and the Mental Capacity Act 2005.
Documents
This is Herefordshire Council's response to a freedom of information (FOI) or environmental information regulations (EIR) request.
You can browse our other responses or make a new FOI request.