Direct Payment Support Services · PEOPLE FIRST INDEPENDENT ADVOCACY for Cumbria County Council (Sept 2022)

Section 17A of the Children’s Act 1989, inserted by the Health and Social Care Act 2001, gave councils a duty to offer Direct Payments for children’s services. In making Direct Payments under section 17A of the 1989 Act, councils are subject to the general duty provided by Part 3 of that Act to safeguard and promote the welfare of children in need, and to promote their upbringing by their families when making these payments, in exactly the same way as when providing direct services. The power to make Direct Payments to people with parental responsibility for disabled children and to disabled 16 and 17-year-olds was created by the Carers and Disabled Children Act 2000.

If the Local Authority assesses a child or young person requires support to meet identified needs, these needs will be identified on a plan along with an identification of the services that can meet these needs.

If families do not want to use services directly provided or commissioned by the Authority, they have the option of receiving the support by Direct Payments instead.

A Direct Payment affords a family the flexibility to look beyond ‘off-the-peg’ service solutions provided by the Authority and choose from a range of alternative employment, education and leisure activities to meet their child’s assessed needs. In many cases, the Direct Payment is used to employ a personal assistant to enable a child to access these activities.

Cumbria is currently undergoing a local government reorganisation and Government has announced that Cumbria County Council is to be replaced by two unitary authorities with effect form 01 April 2023. Cumbria County Council shall be entitled to novate/transfer the Contract(s) to any successor council as defined in The Local Government (Structural Changes) (Transfer of Functions, Property, Rights and Liabilities) Regulations 2008.

The contract has been separated into two specific Lots which cover the geographical footprints of the new authorities - Lot 1 Cumberland and Lot 2 Westmorland and Furness. It is anticipated that contract novation/transfer will occur in accordance with these lots.