To ask the Scottish Executive whether it expects local authorities to fund support services for disabled people who (a) reside in the local authority area or (b) come from the local authority area but reside in another.
The Scottish Government expects all local authorities to have a range of services in place to meet the needs of its local population.
Under the Social Work (Scotland) Act 1968, Scottish local authorities have a duty to provide community care services within their area. Eligibility for such services arises from the physical presence of an individual in the local authority area and from that individual being assessed as having a need that calls for the provision of a service.
A local authority may, therefore, be responsible for providing care to someone in its area who is ordinarily resident elsewhere. Section 86 of the 1968 Act and related regulations provide for certain expenditure incurred in so doing to be recoverable from the local authority in whose area the individual is ordinarily resident.
In a similar way Scottish Government expects local authorities to meet the housing support needs of all individuals currently living in their area but, where relevant, to be able to claim back such expenses from the local authority in which the individual ordinarily resides.
A circular published by the Scottish Government in March 2010 contains revised guidance on ordinary residence in relation to the recovery of the expenditure on accommodation and services provided under the 1968 Act and can be found at the following link (Circular CCD 3/2010). It contains guidance only and is not intended to be a definitive interpretation of the law, which is a matter for the Courts. Local authorities are, however, encouraged to follow the guidance to help achieve consistency and equity across Scotland.
The guidance also sets out new procedures for resolving disputes when local authorities cannot reach agreement as to which local authority is liable for the costs, and proposes transitional arrangements to help with voluntary moves.