Proposed member's bill would extend free personal care to under-65s

A Conservative MSP is hoping to bring in a bill that would remove the age threshold of 65 for Scotland's free personal care legislation to apply.

Miles Briggs, member for Lothian, has opened a formal consultation which, if it attracts sufficient parliamentary support and the Scottish Government does not indicate an intention to legislate, would give him the right to introduce his bill.

His move is sparked by the campaign for what has been dubbed "Frank's Law", led by Amanda Kopel, widow of former Dundee United footballer Frank Kopel, who was diagnosed with dementia when aged 59 and died only days after qualifying for free personal care. Until then his family had to meet his personal care costs.

Contrary to some reports, however, Mr Briggs' proposal is not limited to those suffering from demential but would extend the provision of free personal care to anyone who is assessed as needing it, irrespective of their age or condition. 

Local authorities already have a duty to assess any adult who appears to need social care services. An agreement is also now in place between the Scottish Government and COSLA, under which no one under the age of 65 in the last six months of a terminal illness should be charged for the care they receive at home. The bill would make no changes to the current requirement on local authorities to provide assessments, nor change the definition of what personal care entails, but would mean that if the local authority provides personal care, it must be free of charge.

The Scottish Government is currently carryiong out a feasibility study on the extension of free personal care. In his foreword Mr Briggs welcomes this, but adds: "However, should ministers decide not to legislate, I wish to be in a position to bring forward a member’s bill that will make free personal care available to anyone who is assessed as requiring it, no matter what age they are or what illness or condition they may have. That is why I am consulting on a draft proposal now."

Click here to view the consultation. Responses are invited by Friday 6v Octobner 2017.