1. In the context of your adults' social care (or if you are an ICB, your Continuing NHS Healthcare) service, does your council/ICB take the cost of residential or where needed, nursing care home services into consideration at the point of care planning for the person owed a duty i.e. after any eligibility decision has been made but before a budget for the duty owed to the client (or patient) is finalised (as it is lawful to do)?
Please answer for people owed a duty by your organisation
i) aged 18-65: Yes, we are required under the Care Act to complete an assessment of needs prior to determining eligibility. Its is only during the personal budget setting that costs are considered in order to ensure that there is choice within the personal budget and that the support plan will be safe and sustainable.
ii) 66+: as above
iii) in any particular client group cohort that is care planned for by a particular body of staff with specialist expertise, such as learning disabilities/autism/physical disability/EMI/sensory impairment: as above

2. If the answer to Question 1 is yes, how do you ensure that the care planning staff do not apply those theoretically lawfully relevant costs to the care planning exercise without also balancing them with the person's wishes and feelings, their state of cognitive functioning, their Choice of Accommodation rights anywhere in the country under the Regulations, their human rights to respect for their homes and family life, under article 8 and the UK's Human Rights Act, and the fact that the wellbeing duty under the Care Act requires consideration of the emotional wellbeing of not just the client but also people's carers (the definition of which is broad enough to include people who will be visiting the individual)? Please give a narrative answer.
We ensure that we remain compliant with legal frameworks and meet our statutory duties which includes the wellbeing duty through our robust system of governance which includes practice standards, authorisation procedures, regular supervision, and quality assurance.

3. If the answer to Question 1 is yes, but the person or their family says that a care home would not be acceptable to them, does your decision-making body or level of officer with delegated decision-making authority for the organisation (i.e. a panel, a forum, a meeting, a huddle)
a) follow para 10.86 of the Care Act Guidance (or the National Framework practice guidance if the person is entitled to CHC funding) and reconsider whether in fact the offer of a care home that has been aired may be unlawful in the first place, with regard to the pros and cons of a move at this time, the impact of the difficulties being faced by the person and the possibility that the person's or support circle's stance being conveyed may be an indication that appropriateness and suitability has not been properly considered, as yet? (...since only the cost of suitable and appropriate proposals can be of any lawful relevance to the ultimate offer from the Council or ICB?)
We aim to work with the individual and their carers to agree an appropriate, safe and sustainable support plan (that meets needs and allows choice) wherever possible. This may sometimes mean going back to earlier elements of the planning process or conducting a reassessment if needs have changed. There may be occasions despite best efforts, where a plan cannot be agreed, and we would provide clear reasons for this and explain what steps may be needed to agree the plan. If a plan cannot be agreed the individual or their carers/those that act for them may be directed to appeal if they feel needs cannot be met within the personal budget, or the complaints process should the are unhappy about the service they have received. An individual or a carer will not be left without support whilst an appeal, or complaint process is being worked through.
b) if the organisation is sure that the proposal being aired is at least lawful, consider the possibility that the person could also potentially be cared for in their own home or a non-registered setting, and that therefore the Best Value aspect of the two alternative suitable proposals for meeting the needs must in fact be engaged with and considered? The Care Act act ensures that there is at least one option within the Personal Budget. The Local Authority does not have any blanket policies which stipulate how it will meet needs and will always consider individual circumstances, the individuals safety and best value.
c) offer a direct payment capped to the cost of the care home you have been bearing in mind, regardless of any other consideration, on the basis that it is the person's choice to refuse a care home, or if lacking in capacity, their relative's choice? The local authority will always offer a direct payment as a means to take their personal budget with some specific exceptions (e.g. Direct payments cannot be used to pay for services of someone living in the same household, unless in specific and exceptional circumstance). As explained in previous responses, the Personal Budget is calculated on costs of meeting needs (ensuring wellbeing), safely and sustainably.
d) offer a sum capped to the amount of the care home, but via a direct payment to enable the person to stay in their own home, IF the person and family are able to request a direct payment and your staff are satisfied that the shortfall will be secured through assets, strengths, voluntary contribution of labour or money from the person's circle of support, or the payment by the individual from disregarded assets (for instance, savings below £14250)? A support plan should include how all the individuals needs are met, not just those which the Local Authority identified as eligible and agreed it will meet. Therefore, the support plan should include needs which the individual's informal network or community will meet and acknowledge where an individual or a third party is choosing to fund enhanced or more costly support.
e) identify the actual lowest practicable minimum cost of either council or ICB commissioned or direct payment or PHB funded home care that would be regarded as professionally defensibly sufficient were the person to be supported in their own home, in order to meet whatever the actual extent of eligible unmet need will then be, after all assets and strengths as mentioned in d) are drawn in to meet what would otherwise have been the full extent of the eligible needs identified on assessment? The personal budget will be set at a level which allows choice, and there must be at least one option that can be funded within the budget. In considering options they must be available, and be able to meet the needs of the individual.
f) offer to fund whatever the person or their family is prepared to accept, so that the budget can be finalised and signed off in a timely fashion, for at least the short term future? Personal budgets are calculated on costs of meeting needs, safely and sustainably and at a level which allows the individual, or those that act for them a choice.

4. If the answer to Question 1 is yes, is the fee level taken into consideration either one or other of the two options below:
a) the local fees agreed with either the care homes on your list of approved providers (after some sort of commissioning exercise for admission to a Dynamic Purchasing System or pre-approved providers), When budget setting for an individual who requires care and support needs to be met in a residential setting (24hrs), we directly approach a range of providers in the area (where possible depending on the requirements of the individual) to obtain at least two options. These are genuine options that meet the individuals identified and eligible needs, and be available. The Personal Budget is set at a level that ensures at least one of these options (i.e. two) can be afforded within/at the budget, but we will also factor in any other support that may be required and consider best value. Should the individual or those that act for them, prefer a different home this can be explored. Should the preferred option not be able to be afforded within the personal budget e.g. it more expensive than the two offered, then the option of third party to 'top up' will be explored.
b) the standard rates of all the locally registered care homes who have formally agreed to do business with you at a range of rates representing their core fees for the placement (that is, allowing for the addition of one to one hours or services required for a person with the particular level of needs or band?). As above
c) the lowest spot rate that can be secured by commissioning officers or brokerage staff looking at a capacity tracking tool and communicating with suitable care homes as to what they would take to admit the person to whom your organisation owes a duty? As above
d) the level of any third party top-up that will also need to be agreed (or any privately arranged additional payment for wants and not needs) for particular aspects of the care home's offered facilities before the person is admitted or allowed to stay on council or ICB terms? As above