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The Benefits of an Independent Visiting Service to Local Authority Deputies

Since the full implementation of the Mental Capacity Act (MCA) on 1 October 2007 the role of independent visitors is even more important in the quest to ensure that those who act as deputy decision makers do so in the best interests of the individual lacking capacity (P). It is very important that someone independent of the Deputy visits P and seeks to engage with them and their carers et al. This enables any views/ concerns which P and others may have, to be represented and properly considered.

The experience built up over a number of years by independent visitors is of considerable value to P and to the Deputy, the Court of Protection and the OPG.

Because of the labour intensive nature of the Deputy’s work (with the necessary time constraints on staff involved) visits by deputy staff to P are not as frequent as desired. Similarly, in the case of Local Authority Deputies, where reliance is placed upon social work care managers to undertake periodic visits and reviews this is not taking place as regularly as might be wished because of time constraints. This is the case especially where P is in residential/nursing home care. For these reasons alone it is important that any gap is plugged as effectively as possible.

The resulting report from the visitor is a very useful tool for the Deputy to measure his/her performance against the issue of P’s well being. It can also be a significant resource available to Deputies and others to help to promote certain key messages regarding roles and responsibilities. There is plenty of evidence to support the belief that these visits promote better communication/working plans between Deputy and interested parties involved in caring for P.

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How Can a Local Authority Deputy Ensure that the Client’s ‘Best Interests’ are Being Promoted?
Now that the we are all becoming more familiar with the workings and requirements of the Mental Capacity Act, many local authorities are having to look at ways of facing up to their new responsibilities in the most professional and cost-effective ways possible.

In particular finance officers and heads of service are becoming aware of their duty to ensure that every client is visited personally on a regular basis. It will no longer be acceptable to offer simply a reactive service or at best a cursory review.

Independent visits are increasingly seen to be the best solution and so we have compiled a list of the key questions that local authority deputies are raising with us

Why Visit?
• You said you would! When a deputy applies to be appointed, they sign a declaration which states, "I will visit the person to whom the application relates as regularly as is appropriate and take an interest in their welfare."

• When the OPG sends out Court Visitors and when it monitors annual reports, it is looking for evidence of direct contact with the client; when the deputy last visited personally or if not, whether there is an independent visit made regularly to advise the deputy on the client’s situation.

• It is good practice to visit. For those in residential care this may be because the homes think that as they are "under the Council" they have no money. The home administration may be aware of the client's status but because of communication breakdowns and the fact that finance is a sensitive issue, the key care staff who are in a position to notice and flag up a client's needs are not aware that there could be resources available to provide a better quality of life.

• The cases that are missed can be the ones that lead to understandable but avoidable complaints and even the sorts of press headlines we have seen recently.

Which Clients Need This Monitoring?
• All deputyship clients need some form of monitoring, and some authorities are commissioning visits to all their clients.

• Other authorities are prioritising those clients who are not already receiving regular care management style reviews which also take account of the MCA obligations of the council e.g. self-funders or ‘out of borough’ placements.

• Where the client is cared for in the community the risk, if problems are overlooked, is particularly great.

Why Independent Visitors?
• Adult Services have many competing demands on time and personnel so it helps the deputy as well as the client to have a visitor focused on this particular and important task. This also allows authorities maximum flexibility and economy in personnel terms as demand for the service fluctuates.

• Deputies have said that they find the independent perspective particularly beneficial in managing a case. This enables them to give assurances to anyone who questions their performance of the deputy role that there is a robust independent system in place to address problems in early stages and ensure there is no conflict of interest with its other roles.

Where Can You Find Independent Visitors Who are Professional, ‘Good with the Client’ and Carry Credibility with the OPG, Families and Service Providers?
AIVUK was set up by a small group of committed professionals who are all experienced current or past Court of Protection/Lord Chancellor’s Visitors. We provide nationwide coverage, have full professional indemnity cover, are CRB checked, uphold a rigorous code of conduct and seek to provide the highest standards of service and value for money for the client/commissioner.

What About Clients Placed 'Out of Area'?
As above, there is an AIVUK member to cover all areas providing uniform quality to your monitoring and support for clients.

Who Pays?
• Some authorities pay from the client’s own accounts on a best interests basis. Where the LA are financially stretched this allows the client to receive an enhanced service without the LA finance team having to cut back their input.

• Some authorities regard the fact that as they are paid a fee by the OPG, this can be used in the clients’ best interests to fund visits.

• As an example, one local authority deputyship officer obtained additional funding to arrange monitoring visits by AIVUK members. This was done on the basis that care management was not happening in many cases and that without a visit and review they could not guarantee best interests were being met. Visits are requested by him as annual reports to the OPG become due.

How Much Does it Cost?
For a routine individual Deputy visit, with written report and recommendations, the cost is generally £150. Members may be able to offer reductions where blocks of such visits are commissioned.

Visits for specific reasons/investigations, with a more detailed heath and social welfare report and recommendations, will be charged at the hourly rate of £75. An estimated cost can be given prior to commissioning.

What Next?
We need only a few standard pieces of information about each client and can then start arranging the visit. But why not give us a ring first to talk about any particular requirements?

Independent visiting is being used by more and more local authorities since this provides a solution to three competing imperatives:

1. Client need

2. The Office of the Public Guardian’s supervisory requirements

3. The Local Authority’s financial and personnel constraints

Basically, it is a Best Interests decision!

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© Association of Independent Visitors (UK) 2008-10