Care leaders demand disclosure on social care funding access

Access Social Care, a national legal rights charity providing free legal advice to people with social care needs, is fighting a landmark Freedom of Information (FOI) ruling after three separate government departments, HM Treasury; the Ministry of Housing, Communities and Local Government (MHCLG); and the Department of Health and Social Care (DHSC), each lodged an appeal against previous orders to disclose crucial information.

The appeals were heard by The First Tier Information Rights Tribunal on the 17, 18, and 19 November and were then adjourned while additional evidence is sought from two of the government departments.

The hearings will resume in the New Year.

The action comes after four years of campaigning by Access Social Care for the UK government to disclose how it makes decisions on social care funding.

The charity has submitted two rounds of FOI requests. One round relates to Equalities Impact information; the other relates to how the Government calculates funding sufficiency for social care (the sufficiency test).

The Information Rights hearings relate to the appeals over key adult social care funding decisions.

HM Treasury, the MHCLG, and the DHSC are challenging an Information Commissioner order to release details on how funding levels are determined.

These requests were prompted by public statements from previous ministers claiming that social care was adequately funded.

However, economists at the Health Foundation maintain there is an £8.4bn annual funding gap in adult social care, a shortfall echoed by organisations such as Age UK and Healthwatch, which report that millions of people go without the care they need each year.

The Health Foundation has further warned that adult social care will need an extra £3.4bn a year by 2028/29 just to prevent further decline.

Without clear disclosure on how funding decisions are made and equality duties are applied, the system cannot operate effectively, leaving people who rely on social care uncertain and without the support they need

And, released earlier this year, Access Social Care’s annual State of the Nation report painted a similar picture, revealing a 45.6% increase in safeguarding concerns reported through helplines compared to the previous year, a stark warning of a social care system already under severe strain.  

The launch of the Independent Commission on Adult Social Care (Casey Commission), chaired by Baroness Louise Casey, shows that the Government recognises these challenges, but with its full report not due until 2028, urgent action is being delayed.

Access Social Care says ‘decisive steps are needed immediately’, and the transparency it is seeking through its FOI case is ‘essential’.

"Without clear disclosure on how funding decisions are made and equality duties are applied, the system cannot operate effectively, leaving people who rely on social care uncertain and without the support they need,” said Kari Gerstheimer, chief executive of Access Social Care.

“Transparency isn’t optional, it’s the foundation of a fair and accountable social care system.

“For four years, Access Social Care has urged the Government to show how it makes funding decisions and fulfils its equality duties when it comes to social care.

“The public, local councils, and specialist organisations all deserve to know how social care funding is decided.

“This is not just an academic argument. Every day in our casework we see the human impact on disabled people, older people, and their families and friends when social care is delayed or denied.

With councils across the country cutting social care budgets and families taking on ever-increasing unpaid care responsibilities, the need for clarity and accountability has never been more urgent

“90% of council leaders claim they don’t have enough money to meet their legal duties to provide care.

“As a society we care about what happens to our loved ones when they need extra support – this case matters to all of us.”

She added: “Successive governments, including the current administration, have refused to share vital data needed to inform that discussion.

“This lack of transparency is deeply concerning.

“While in opposition, Keir Starmer made clear commitments to government transparency, yet his administration has declined to work with Access Social Care on this issue.

“How can a meaningful national conversation take place when the public is denied the fundamental facts?

“The public need to understand how the Government has assessed the scale of social care need and calculated the funding required to meet it.

“With councils across the country cutting social care budgets and families taking on ever-increasing unpaid care responsibilities, the need for clarity and accountability has never been more urgent.”