Question
To ask the Secretary of State for Health and Social Care, if he will take steps to help ensure that people with Down Syndrome can receive direct payments from local councils.
Answer
Under the Care Act 2014, local authorities should allow those drawing on care to receive their personal budget as a direct payment, where they are satisfied this would be suitable to meet their eligible care needs, and where they have capacity under the conditions of the 2005 Mental Capacity Act to make this request, and manage the direct payment either themselves, with aide from an authorised person, or through an authorised person acting on their behalf.
Additionally, under the Down Syndrome Act 2022, my Rt Hon. Friend, the Secretary of State for Health and Social Care is required to give guidance to the relevant authorities in health and social care on what they should be doing to meet the needs of people with Down syndrome. Officials are taking forward, as a priority, development of Down Syndrome Act guidance. We expect to publish the draft guidance for public consultation in the new year.