Walsall Choice Guidance - 5. The agreement

We will always take people’s preferences into account and aim to maximise people’s independence.

Choices that individuals are offered about how their eligible care needs are met must only include the ‘best value’ options where Walsall Council funding or self-funding is being considered.

The funding made available to support a person will be determined by the most cost-effective care package, and the prospect of successfully increasing independence. This will be based on the local care market, the availability of providers, and cost.

Walsall Council will fund no more than the best value care package that meets eligible needs unless there are exceptional circumstances. For these exceptional circumstances to apply we would expect there to be clear evidence that the more expensive option is likely to have greater impact in reducing dependence on publicly funded care. There should also be a clear timetable for reviewing the care package and for considering reducing the cost of the care package.

Individuals receiving adult social care funding are able to choose their accommodation as long as the following conditions are met: 

1. It will meet their needs: If residential or nursing care has been identified as the only appropriate way of meeting a person’s needs, then the individual may not choose another type of specified accommodation. They may still express a preference for a particular care home to live in, which will be taken into account but may not be offered depending on the other criteria described here. 
2. It will cost no more than Walsall Council would usually pay Best Value In the first instance the best value placement within the specified accommodation, available at the time, is identified and offered. If a person’s needs could be met in more than one type of specified accommodation, then the cost of the best value type of accommodation will be offered. Should a person choose to commit to a more expensive provision than the identified best value option then a top-up payment will need to be arranged This may be a deferred payment or an agreed amount above the best value agreed with a family member or nominated person who agrees to pay this additional amount .
3. It is available The preferred choice of provision must be available and, where Walsall Council is commissioning the support, the provider agrees to deliver the care under Walsall Council‘s usual terms and conditions.

Walsall Council intends that all regulated personal care will be commissioned via direct payments, an Individual Service Fund or through the personal care contract for regulated home based care.

Direct payments provide the opportunity for people to make their own care arrangements for their Walsall Council funded care. Walsall Council will inform a person about how they can do this including with their preferred care provider.

A person can however refuse a direct payment and ask Walsall Council to arrange their care. When a person does this, they can still express a preferred choice of provider and ask that Walsall Council arranges care from them.

Receiving a preferred provider will require an exceptional circumstance to be identified and would be subject to the provider being available and willing to agree to Walsall Councils usual terms and conditions. The principles of best value will apply whether a preferred provider is already under contract with Walsall Council or not.

For unregulated care the person will be offered the provider or providers who are able to meet their needs in the most cost-effective way.

You have the right to refuse any of the presented options and request for Walsall Council to relook at the market for alternative options to be found.

It is worth keeping in mind that there can be limited places available and any preferred choice from independent searching may not be available. The market is finite and there is significant demand for placements at any one time.

We will go back out to the market a maximum of 3 times to support enabling your choice of future home that can provide for your needs.

After exhausting the 3 searches of the marketplace and presenting options to support your needs a decision will be required and welcome your own options so that we may consider those and reflect back the expectations of the current choices in regards funding and meeting your needs.

A deferred payment agreement is an arrangement with Walsall council that lets you use your home's value to cover care home costs. It lets you delay paying those costs until later, so you don't have to sell your home right away.

Where can I get more information about a deferred payment agreement? 

Please refer to the Walsall Deferred Payment policy.

If you feel that your choices have not been considered fairly and in an equitable manner then it is your right to be able to appeal against the choices you have been given then please write to the email address below or send in a written request to appeal against the choices you have been given.

If you also feel that you have not been dealt with in the most appropriate manner and wish to complain about the service you have received, please contact us on the details provided below:

To raise a concern, email: BrokerageTeam@walsall.gov.uk 

Or you can make a complaint about adult social care