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(Taken from Direct Experience by Jeanne Carlin and Christine Lenehan 2004)
The introduction of Direct Payments through the Community Care (Direct Payments) Act 1996 heralded a fundamental change in service provision.
According to Gleninning et al (2000) this fundamental change through the introduction of Direct Payments resulted from three separate but inter-related developments:
Since the early 1990s research evidence highlighted the increasing problems with directly provided services. Services had become more inflexible and less responsive to meeting the needs of service users (Morris, 1993)
Disabled people campaigned for the right to live independently in the community. Independent living was based on two principles; that of 'choice - over where and how to live and who provides assistance; and control - over when, where and how that assistance is provided' (Glendinning et al, 2000, P.3)
Independence does not mean 'the ability to perform activities for oneself unaided; rather it refers to the capacity to have control over one's life, including control over when and how assistance is provided' (Ibid, P.3)
A network of Centres for Independent Licing (CILs) was established across the country, run by and for disabled people. Although originally focussed on assisting disabled people moving out of institutions the Independent Living Movement soon developed links with disabled people living in the community. The campaign for personal assistants became a central tenet of this movement.
The third thread, namely the Independent Living Fund (ILF) provided evidence to support the campaign for Direct Payments... Awards made by the ILF were means-tested and based on assessments. They could be used to purchase personal or domestic help. The demand for these payments outstripped all expectations. But more importantly the research conducted by the ILF showed how financial payments could lead to greater independence for disabled people. Financial assistance given through the ILF awards were used in ways which gave disabled people flexibility, control and choice in employing their own assistants and using their services ina manner which was tailored to meet individual need and life-style.
The Community Care (Direct Payments) Act 1996 came into force in April 1997 as a 'permissive' piece of legislation. The Act gave councils the power (not duty) to provide Direct Payments (cash) to individuals who needed community care services. Need is based on community care assessments and Direct Payments are given instead of direct services, in other words, Direct Payments are an alternative method of providing services to meet assessed need.
The policy guidance accompanying the act stated that the aim of Direct Payments is to:
'enhance the independence of service users by giving them control over the way that community care services are delivered. To maximise this independence, local authorities should work in partnership with disabled people and leave as much choice as possible in the hands of the service user, while at the same time ensuring that the individual's needs are being met and that public money is being used appropriately and cost-effectively.'
(Glasby and Littlechild, 2002, P.33)
The Carers and Disabled Children's Act 2000 extended Direct Payments to a further three groups of individuals. These were:
The Health and Social Care Act (2001) altered the status of the legislation, giving councils the duty to make a Direct Payment instead of giving a direct service. This came into effect on 1 April 2003.
'...local councils will be required to make Direct Payments where an individual who requests and consents to one meets the criteria.' (LAC (2001) 23, P.9)
