I thank the noble Baroness for her question. There are indeed problems, but we must remember that the Care Act 2014 places a duty on every local authority. Local authorities have care responsibilities under the Act to ensure that social care services that they arrange are safe, of a high standard and meet people’s needs.
My Lords, what steps are the Government taking to ensure that personal budgets or direct payments are set at a sufficient level to enable disabled people such as me—I declare an interest—who employ personal assistants or carers to fulfil obligations as legal employers, for instance, to cover holiday pay, stakeholder pensions and, most importantly the national living wage? That is not the case at the moment.
PAs are an important part of the care system. They enable people to employ someone who will give them the special needs that they require, and they deserve proper pay for an important job. The national living wage was taken into account in the spending review and an extra £3.56 billion a year has been given to local authorities to help with the national living wage. The Care Act states that when calculating the personal budget, the direct payments made for the employment of a PA must be sufficient to cover all legally required costs.