More than 150,000 people relying on social care are being denied the choice and control they are legally entitled to, according to new figures.
Under the Social Care Act since 2014 everyone eligible for social care has the right to choose how that control is provided, under Self-Directed Support (SDS)
But figures published by the Scottish Government show that fewer than 28 per cent of people eligible for SDS are given an informed choice, with eight councils offering control over their own care to fewer than one in ten people.
Under the law, councils can exercise the choice on behalf of people who do not wish to – and this is the case for 86 per cent of over 65s, leading to concerns that many older people are not genuinely being offered a choice, or are being leaned on to accept council-approved services.
The main recipients of such care are frail older people and people with disabilities, receiving help such as personal and health care, equipment, respite care, meals and housing support.
The Government figures show that choice was most likely to be denied to older clients and those on the lowest income.
The figures come less than a week after a report warned that councils were breaching the legal and human rights of elderly and disabled clients by restricting their choices or denying them any control over services.
One of the authors of the earlier study, Donald MacAskill, chief executive of Scottish Care, said: "These figures validate and consolidate the concerns we raised. There is a systematic failure to address the challenges of giving people choice and control."
He called for a greater emphasis on providing real choice to older people and making them aware of their rights. "I remain to be convinced that social workers and others are not exercising undue influence on people. It is important older people fully understand the choices available to them with regard to the purchase of care and support. "The fact that only a quarter of individuals overall are exercising choice suggest this is not the groundbreaking change we were promised."
The report warns that many councils are only beginning to collect data and figures may be an underestimate of how well the policy is working. But Mr MacAskill said this was a "statistical excuse", and they could equally be an overestimate.
"The Scottish Government needs to invest energy and resources in getting this flagship policy right," he added.
Scottish Conservative shadow health secretary Miles Briggs said: "Today’s figures show that two years after the introduction of SDS, only a quarter of those eligible have been offered the opportunity manage their own support.
“Only last week, Scottish Care and other sector bodies warned that laws were being broken and social care users were being failed. These figures confirm this.
“I call on the Scottish Government to ensure the legislation they have introduced is enacted, and vulnerable people are given the power to determine how they are supported.”
Scottish Labour’s social care spokesperson Colin Smyth MSP added:“This is a worrying revelation. All elderly people deserve dignity in their care, and a crucial part of that is ensuring everybody has the right to choose which level of support they require through self-directed care.
“But we have to examine why that is not always available."
Councillor Peter Johnston COSLA’s health and well- being spokesperson said: “Self-directed Support represents a monumental change to the way social care services are designed and delivered, and this is a change which cannot be delivered overnight."
He claimed the Scottish Government figures were based on data that was more than two years old and should be read with a degree of caution. Meanwhile, although the costs of introducing SDS included changes to finance, IT and commissioning systems, funding from central government had been cut, he said. "Scottish Government transformation funding to local government was cut from £25 million in the first year of implementation, to just £3.5 million in year two onwards.
“This undoubtedly impacts on authorities’ ability to deliver major transformational service change."
The Scottish Government claims long-term change will take time, but says ministers have invested almost £60 million since 2011 to support the roll-out of this the policy.
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