Equality impact assessments are public documents. Equality impact assessments accompanying reports going to county councillors for decisions are published with the committee papers on our website and are available in hard copy at the relevant meeting. To help people to find completed equality impact assessments we also publish them in the Equality and Diversity section of our website. This will help people to see for themselves how we have paid due regard in order to meet statutory requirements.
- Name of directorate and service area - Health and Adult Services, Extra Care Housing
- Lead officer and contact details - Julie Thompson
- Names and roles of other people involved in carrying out the equality impact assessment - John Foster, Linda Porritt
- How will you pay due regard? e.g. working group, individual officer - individual officer reporting to project group
- When did the due regard process start? - July 2019
Section 1. Please describe briefly what this equality impact assessment is about.
The original purpose of this project is to review and, where necessary, revise the current set of financial processes and information flows in place within the Health and Adult services Court of Protection and appointee team. This team interfaces extensively with corporate teams within business support and central finance.
The 3 areas for consideration and review are as follows:-
- Independent financial advisers
- Accounting for client moneys (Individual Bank Accounts)
- Cash handling. This has been broken down to ensure that North Yorkshire County Council are acting within the guidelines set by the Office of Public Guardian – Deputy Standards for Public Authority Deputies. Richard Webb is the named deputy for the clients North Yorkshire County Council act for. He delegates his duties to the Court of Protection and appointee manager and team. The standards clearly set out what is expected of professional and public authority deputies and provide an important checklist of actions and behaviours every deputy should follow.
Annual reports are submitted to the Office of Public Guardian of all income and expenses. The Office of Public Guardian have requested updates for the last 3 years on standard 1: Securing the clients finances and assets.
- 1a (3) Where there are other sources of income, for example, private pensions, notify the provider of the court order.
- 1a (5) Seek independent financial advice where appropriate, to maximise the return on the client’s savings, investments and any other assets.
- 1a (9) Open a deputyship account in the clients name with the deputy named as such on the account. Ensure that all funds held for the client are held in accounts and/or investments in their name and kept separate from the funds of the deputy or other party.
- 1b (3) Carry out reviews of savings and investment portfolios at least once a year. Seek expert and independent advice when necessary.
- 3a (6) Ensure that all necessary financial, security, management, organisational and quality control systems are in place with regard to:
- accounting systems
- controls over cash handling
- banking Access to bank accounts
- separation of clients funds IT security and information assurance
The wording we are using on the returns when questioned about seeking advice is as follows: ‘We have commenced the work that will lead to a tender process, along with a number of neighbouring local authorities, to choose a suitable independent financial adviser from whom we can seek advice on investments.’
Where there are significant breaches of the standards, the Office of Public Guardian will seek to agree an action plan to address deficiencies. In cases of the most serious or fundamental breaches they may seek removal of the deputy.
As part of this project we are also seeking to improve the methodology currently in place to provide the people we support, with access to physical cash (to be referred to as ‘cash handling’. In previous years the majority of people who were supported by North Yorkshire County Council Court of Protection team lived in residential care settings and their only personal requirement in terms of cash was the standard weekly personal expenses allowance, an amount agreed by central government each year. Previously we were allowed to have money paid into the corporate account for benefits of clients in what was known as part 3 local authority accommodation. Public authorities now need to be aware of and consider the risk of a judicial review for service users for whom we are now acting as deputy or appointee. Some of these people are living in the community and few now fit these criteria now. We are now supporting an ever increasing number of people who live in the community and for whom the access to and personal need for cash is more personalised and individual as opposed to a single set weekly amount. The civil service will not pay occupational pensions into a corporate account, it has to be paid in the account in the persons own name. We are not able to set up direct debits or standing orders for people in the community so cannot obtain best value for money for them, e.g. energy suppliers.
Section 2. Why is this being proposed?
- To ensure we have a process in place to review and seek independent financial advice when capital, savings, investments reach an agreed level, i.e. employ the services of an independent financial adviser. This is to ensure that we are acting in the client’s best interests at all times and adhering to the standards we have to follow.
- To employ the services of an independent financial adviser, people need to have their own person bank accounts. For the purpose of this document this is referred to as ‘individual bank accounts’. Currently, monies belonging to this group of people are predominantly paid into the corporate North Yorkshire County Council bank account, thus making it both complex and more importantly illegal to then attempt to invest personal monies and gain a successful investment yield on that person’s monies.
- To ensure that we can effectively and efficiently facilitate and support cash handling for people, we need to improve the access to such monies. It is currently provided through the North Yorkshire County Council ‘petty cash’ system. This is both labour intensive, carries numerous risks for both the people we support and also various internal North Yorkshire County Council teams.
- Even if a person does not have capital sufficient to warrant the services of an independent financial adviser, the aim is that we will still ensure that they have their own individual bank account. Note – this will also facilitate the direct debit arrangements, which will be more beneficial.
Section 3. What will change? What will be different for customers and/or staff?
North Yorkshire County Council Court of Protection team will ensure that the clients are getting the best return/yield for their savings and any investments.
North Yorkshire County Council has an agreed process to follow to identify who will be affected by this change and when and who to seek further advice to ensure the client’s best interests are served.
North Yorkshire County Council will develop an internal process to ensure everyone is treated fairly.
North Yorkshire County Council will be able to provide alternative methods for ensuring that people have access to their personal monies, for example a pre-paid card as opposed to it only being available via actual cash. There will be choice, specifically for people who are not able to manage the use of a pre-paid card. For some people it may be necessary to provide some further support to enable them to safely use and manage the pre-paid card option. The benefit of individual bank accounts could include people being able to manage accounts via internet banking, giving them more choice and control, within appropriate safeguards.
Section 4. Involvement and consultation
Research was carried out with other local authorities to determine their current practice in relation to supporting the people who require that service to manage their property and financial affairs. They advised that they use a combination of things like individual bank accounts where they are then able to carry out internet banking, set up direct debits and standing orders and the use of pre-paid cards to provide a more person centred support service. Only one of those local authorities who responded advised that they also carried out any consultation with those who may be affected.
As we further develop the business case we will talk to people who may be affected by these changes and to Adult Social Care colleagues to find out what we need to do to implement changes for example, the transition to pre-paid cash cards, to make sure that they work for people.
Section 5. What impact will this proposal have on council budgets? Will it be cost neutral, have increased cost or reduce costs?
Please explain briefly why this will be the result.
- Independent financial advisers - This will be cost neutral, as any costs will be borne by the client.
- Individual bank accounts – this may have an effect on the management of the overarching corporate bank account
- Cash handling - There will be less interventions from and risks attributed to internal colleagues from North Yorkshire County Council who physically collect such monies from the banks and the clients will be able to access their monies more efficiently and in a timelier manner.
Section 6. How will this proposal affect people with protected characteristics?
Age
No impact
Why will it have this effect?
Under 60 = 264. Over 60 = 429
62% of the people supported by the Court of Protection team are aged over 60. We do not have any evidence of a difference in needs according to age in terms of the type of support required from the Court of Protection team. However, the number of people who live in the community who are supported by the team, has increased in recent years and require a more individualised approach to the support being offered. The proposals will allow us to have a more flexible and person centred approach. This means that the changes should benefit all people supported.
Disability
Make things better
Why will it have this effect?
All people supported by the Court of Protection team (Health and Adult Services) will have some level of disability hence the requirement for support by the team in order to ensure that their finances and property affairs are managed safely and appropriately. The main disability issue that means they require support is in relation to cognitive impairment and lack of capacity.
We are aware that some people that we currently provide with cash will require support to transition to a pre-paid card and for some people a pre-paid card will not be suitable. We will ensure that there is an individualised approach to implementing the change and that it will be monitored.
Sex
No impact
Why will it have this effect?
Male =358. Female=335.
We support slightly more men than women. Similarly, to ‘age’ above we have no evidence to indicate any difference in needs however, the proposals will allow a more flexible and person centred approach.
Race
No impact
Why will it have this effect?
This data is not currently reliably collected. We have not received any customer feedback that indicates that there is any inequity
Gender reassignment
No impact
Why will it have this effect?
This data is not currently routinely collected We have not received any customer feedback that indicates that there is any inequity
Sexual orientation
No impact
Why will it have this effect?
This data is not currently routinely collected We have not received any customer feedback that indicates that there is any inequity
Religion or belief
No impact
Why will it have this effect?
This data is not currently reliably collected We have not received any customer feedback that indicates that there is any inequity
Pregnancy or maternity
No impact
Why will it have this effect?
We do not currently manage clients who are pregnant or on maternity
Marriage or partnership
No impact
Why will it have this effect?
This data is not currently routinely collected We have not received any customer feedback that indicates that there is any inequity.
Section 7. How will this proposal affect people who…
..live in a rural area?
Make things better
Why will it have this effect?
Transport costs for people living in areas that are more rural – this will improve, as we will not ask people to routinely travel to North Yorkshire County Council sites to collect petty cash. It will also be better for people as individual bank accounts will facilitate better deals for example on utility costs
..have a low income?
Make things better
Why will it have this effect?
Transport costs for people living in areas that are more rural – this will improve, as we will not ask people to routinely travel to North Yorkshire County Council sites to collect petty cash. It will also be better for people as individual bank accounts will facilitate better deals for example on utility costs
..are carers? (Unpaid family or friends)
Make things better
Why will it have this effect?
We do not manage this group
Section 8. Geographic impact
North Yorkshire wide? Yes
Section 9. Will the proposal affect anyone more because of a combination of protected characteristics?
No
Section 10. Next steps to address the anticipated impact
No adverse impact - no major change needed to the proposal. There is no potential for discrimination or adverse impact identified.
Explanation of why option has been chosen.
If we carry out and implement the three changes there will be no adverse impact. There should be a positive impact for people supported by the Court of Protection team because it will enable better management of their finances, increased choice and flexibility.
Section 11. If the proposal is to be implemented how will you find out how it is really affecting people?
We will record all transactions in the bespoke Caspar system. We will ensure that we have detailed financial records of clients’ income and expenditure. We will submit all reports as part of our annual return to the Office of Public Guardian. We will seek views from people who may be affected by any changes.
Section 12. Action plan.
Research practice in other local authorities
Lead
Kerstie Perry, Business Change Analyst
By when
Feb 2019
Progress
Achieved, contact and with 7 other local authorities
Monitoring arrangements
Completed
Review internal processes and consider internal stakeholder requirements.
Lead
Kerstie Perry, Business Change Analyst
By when
Jan 2020
Progress
Achieved
Monitoring arrangements
Completed
Liaise with external providers (third parties) to understand their preferences and requirements
Lead
Kerstie Perry, Business Change Analyst
By when
June 2020
Progress
Achieved
Monitoring arrangements
Completed but further review may be required.
Consider impact on individual people and their access to personal spending (cash handling)
Lead
Julie Thompson with support from the Participation and Engagement team
By when
To be confirmed following approval of the business case.
Section 13. Summary
The purpose of this proposal is to ensure that Richard Webb, the named deputy, is adhering to the Office of Public Guardian standards for securing clients’ finances and assets and acting in the best interest of that person. This will be undertaken by developing a process to assess and review a person’s’ savings and investments, and if appropriate, ensuring that advice is sought from suitably qualified independent financial advisors.
In addition, to ensure that a more personalised and effective approach is adopted, to ensure that cash handling is carried out in the most efficient manner for and on behalf of the people we support and also the local authority overall.
People affected by these changes are those who for reason of disability and mental capacity are not able to manage their own finances, and who have no suitable family or friends to do so on their behalf. No adverse impact is anticipated because of the above proposals; the overall impact should in fact be positive, as they should enable a more person-centred approach.
We will make sure that there is a person centred approach to the implementation of the policy changes, working with the people we support, adult social care colleagues and representative forums such as the Learning Disability Partnership Board.
Section 14. Sign off section
This full equality impact assessment was completed by:
Name: Linda Porritt
Job title: Head of Financial Assessments and Benefits
Directorate: Health and Adult services
Signature: Linda Porritt
Name: Julie Thompson
Job title: Court of Protection and Appointee manager
Directorate: Health and Adult services
Signature: Julie Thompson
Completion date: 2 November 2020
Authorised by relevant Assistant Director (signature): Anton Hodge
Date: 6 November 2020