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Paul Rowen: I am grateful for what the Minister just said. Will he seek to ensure that some of these pilots are coterminous with the health pilots?
Jonathan Shaw: Yes, we will, most certainly. We will be piloting personal health budgets at the end of 2009 until 2012 and the aim is to build on the success of the social care individual budgets to give people greater choice and control over the money spent.
Personal health budgets could work in many ways, which could include having a notional budget held by the commissioner or a budget managed on behalf of the patient or by a third party. That is an interesting point in respect of children and those people who need a power of attorney, such as someone who has dementia, in which case the budget could be run by the family rather than the state. Safeguards are needed there, too, because there are advocacy issues to consider. It does not always follow that a family will act in the best interests of their relative—I am sure that we are all aware of such cases. In the vast majority of cases, of course, that is not so, but we have to safeguard against such eventualities.
Finally, on how the pilots for personal health budgets link with the right-to-control trailblazers, we will be exploring whether at least some of the right-to-control trailblazer sites can be collocated, as the hon. Gentleman asks, in selected pilot areas. It would be folly to miss that opportunity and the hon. Gentleman would be correct to say so if we did. We will certainly do that.
Can social care and other direct payments be pooled with personal health budgets? We hope to present as seamless a provision of services as possible for people receiving social care and other direct payments and personal health budgets, and those things should be pooled as far as is practical and legally possible. Doing so may require some level of auditing.
I hope that I have answered the hon. Gentleman’s points. I welcome the opportunity to put what I have said on the record. I invite the hon. Gentleman to ask leave to withdraw his amendment.
Mr. Harper: This has been a useful debate. I am grateful to the Minister for his assurances about the pilots. I urge him to do more than just commit to looking into this, and to ensure that at least some of the pilots use all the different funding streams, not just personal health budgets, and that we wrap in the pilots that the Department for Children, Schools and Families is conducting, and try to get them all working together.
The key point is seamlessness. In response to a question from the hon. Member for Sheffield, Heeley, Mr. Davies gave a very good response when he said that, in the experience of the metropolitan borough council,
“where one is able to integrate those funding streams into that single delivery vehicle, wrapped around the individual, with that individual having choice and control, it works. What does not work is a load of bureaucratic jiggery-pokery at the back as organisations try to sort things out, and not always seamlessly.”——[Official Report, Welfare Reform Public Bill Committee, 10 February 2009; c. 8-9, Q6.]
The most important thing, in running the pilots with all the different funding streams, is to make things seamless for individuals, so that they can live their lives in the way that they want to live them, rather than trying to fit them into departmental silos. However, the test is whether that can be done without making the system so complex that it either costs an extraordinary amount of money to manage, and we have to put lots of money into administration instead of service delivery, or simply breaks down and does not work. If it is too complicated, all the organisations that have the power to deliver what is required might find that so hard that none of them will do it, in which case millions of the people who could benefit from the system might be in a similar position to those in adult social care, relatively few of whom have had the chance to access such opportunities.
The Minister has made it clear that his plan is to work closely with other Departments on the pilots and to ensure that there is proper integration and that lessons are learned. With that in mind, my final comment to him is that if it becomes clear, shortly after the pilots have started running, that things work, we should not necessarily run them to full length before rolling out the system. In those circumstances, it would be useful to take stock and see whether we can move earlier than that. Given those assurances, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 29 ordered to stand part of the Bill.
Clause 30 ordered to stand part of the Bill.

Clause 31

Power to make provision enabling exercise of greater choice and control
Mr. Harper: I beg to move amendment 79, in clause 31, page 38, line 21, at end insert
‘including, in particular, making arrangements with voluntary organisations to provide disabled persons with assistance in connection with direct payments.’.
The clause gives Ministers the power to make provision enabling the exercise of greater choice and control, so it is one of the excellent clauses that relates to the very thick book containing all the regulation-making powers that was produced by the Minister for Employment and Welfare during Tuesday’s sitting. The amendment responds to the concern that has been expressed about people receiving direct payment to spend themselves, and whether they are receiving appropriate advice and support on how to manage that money correctly. That concern was expressed by Liz Sayce, the chief executive of the Royal Association for Disability and Rehabilitation, during an evidence sitting, and by RADAR in its brief to the Committee.
The Government have recognised the need for peer support and advice on managing direct payments, and there are other options if people do not want to receive their individual budgets as direct payments. The report of the Prime Minister’s strategy unit, “Improving the life chances of disabled people”, included a commitment to having a user-led organisation in every local area by 2010. I understand that we are quite a long way off that target and, given that 2010 is not a long time away, it might help if the Under-Secretary of State for Scotland, the hon. Member for Glasgow, North, updated us on progress towards getting those user-led organisations in every local area. The Department of Health has carried out some capacity-building programmes, but it would be very helpful if the Minister gave us an idea of how many local authorities have a good user-led organisation that people can access for advice on how to use their direct payments.
I understand from the briefing material supplied by RADAR that the availability of support and information can make a huge difference in the take-up of direct payments. There is a direct correlation between take-up and the availability of support.
As Ministers have suggested, people who have not used an individual budget and a direct payment before may have many questions about how to spend the money, and whether they really want to take on the responsibility, perhaps of employing people directly. Actually, learning from people who have done that successfully about creativity and the different solutions that one can come up with is helpful. As RADAR has stated:
“Being able to access quality support services—be they to broker services or manage payroll—will in many cases make the difference between someone feeling able to take a direct payment and just feeling it could all be too much hassle.”
Will the Under-Secretary outline where we are in respect of user-led organisations in local areas? What further steps will the Government take to roll out such services, specifically as part of the pilot, and will Ministers ensure that peer support and advice are there to help people to make the best use of their individual budget and direct payments? If she could reassure the Committee on those issues, it would be helpful.
Paul Rowen: I support the amendment. We have talked a great deal about the provision of quality services and how some things are not appropriate for everyone, which will always remain the case. However, pilots provide the Government with a unique opportunity to trial various models of operation, which, in our view, might include some independent support to enable the transition. I very much hope that the Government will look at different models when they design the pilots.
There is an officer in Rochdale who is employed by Manchester and Rochdale councils jointly. His job is to get direct payments out to people, and he spends a great deal of his time advising and supporting individuals. An alternative appropriate model might involve voluntary organisations. In some towns, there are many groups that might take on such work collectively. If something like that could be included in the pilots, it would go a long way towards ensuring that this initiative will be the success that we all want it to be.
The Parliamentary Under-Secretary of State for Scotland (Ann McKechin): I welcome the debate on the amendment, which has raised important points about engagement with the voluntary organisations that have been central to moving the right-to-control agenda forward over the past few years.
Clause 31 contains powers that will deliver real choice and control for disabled people. It enables regulations to be brought forward that will allow disabled people to require an assessment of the amount used to provide a service, and to require that the authority consults them on how that money is used. This is intended to deliver our White Paper commitment to increase choice and control for disabled people in decisions about how public money is spent to meet their needs and aspirations.
The commitment was informed by responses to consultation and by advice received from disabled people and their associated voluntary organisations, which made it clear that the right to take a direct payment, which currently exists for those eligible for adult social care services in England, is not, by itself, sufficient to give people more choice and control.
Although the amendment is permissive, it would signal a firm intention to make such regulations with regard to voluntary organisations. We believe that the right to control should be widely accessible, and, as has been mentioned in Committee, that means that there has to be the provision of adequate advice and brokerage services. That will be an important consideration during the trailblazer project. Such services are also an important part of the implementation of Putting People First, our policy in England, and that will support the transformation of adult social care.
I understand the important role that the voluntary sector can play. The report, “Improving the life chances of disabled people”, which was published in 2005, clearly recommended improving the availability of advice and advocacy services, and it put an emphasis on the role of organisations that are led and controlled by disabled people.
I can confirm that the report set out a commitment that, by 2010, there should be a user-led organisation in every locality in England—locality being defined as an area covered by a council with social services responsibility. My understanding is that that timetable remains in place
1.30 pm
User-led organisations are key both to delivering personalisation and achieving independent living. The Health Department in England is investing £1.65 million in ULO development funds to support the development of up to 25 action and learning sites. Such sites will share best practice with organisations interested in becoming a ULO, or in supporting the development of one in another local authority area.
The action and learning sites will focus on developing ways of becoming organisations that meet the life chances recommendation, and they will share that learning with other groups across the country.
The hon. Member for Rochdale made the important point that it is not a case of one size fits all, and that it is important to consider different models. Moreover, we have to remember that disabled people will not always wish to look to a voluntary organisation to support their use of direct payments. In the evaluation of the Department of Health-led individual budgets, it was found that many participants took the opportunity to involve their family and friends in deciding how to spend their budget to meet their outcomes. As we develop the personal health budgets pilots, we are placing an emphasis on avoiding prescription with regard to how information and support service are provided. We will be following that model for these particular provisions.
Key principles in developing the right to control are consultation and co-production. We want public authorities to take the initiative in provision. We want to engage with local expertise to apply as much of that as possible to the provision of advice and information that we give. That is why I am keen for legislation to avoid setting out prescription.
Mr. Harper: Before the Minister concludes her speech, may I take her back to the point from the Prime Minister’s strategy unit report? She mentioned that the timetable to have a user-led organisation in each area, which she clarified as one that is served by a council with a social services function, is still on course to achieve its target of 2010. I did not hear the update on how many areas there are and how many have user-led organisations. How many milestones have we passed on the way to 2010? Alternatively, will everything happen at the back end of the process?
Ann McKechin: I will provide the hon. Gentleman with an update on that before the end of the Bill’s consideration in Committee. I do not have the information with me today, but I will make arrangements to ensure that we can provide it for him.
Mr. Harper: I am grateful to the Minister for that assurance. It would be very acceptable to receive the information before the Committee rises.
I am very happy with what I heard. Part of the reason for tabling this amendment was to get a sense of how Ministers envisaged voluntary organisations providing such advice and support. The Minister said that the Government believed that voluntary organisations had a clear role, but she said that there should not be a prescription that people should have to use them. I just wanted to ensure that the provision was in place. As she said—and I know that this has been the case with a number of people to whom I have spoken—some people decide things for themselves, some talk to friends and family, some take advice from the local authority, some use voluntary organisations, and some have used all those sources to put together a package. We must ensure that such flexibility remains. None the less, if people want to take advantage of advice, there should be an organisation in place to provide it. Given the Minister’s assurances, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
 
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