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Frank’s Law: SNP urged to act on ‘very low’ uptake of free personal care

Amanda Kopel with a Frank's Law t-shirt at Tannadice
Amanda Kopel with a Frank's Law t-shirt at Tannadice

Nicola Sturgeon is being urged to turn around “very low” uptake since Frank’s Law on free personal care for under-65s was introduced.

Mid Scotland and Fife MSP Liz Smith revealed just four people aged under 65 accessed services between the legislation coming into force in 2019 and data collection being halted last year because of the Covid-19 pandemic.

She is calling for the Scottish Government to a create a national recovery group to make sure possible care users are not left behind.

Kirriemuir campaigner led the charge

Frank’s Law was brought about in memory of the late Dundee United footballer Frank Kopel and extends free personal care for under-65s with debilitating conditions.

Mr Kopel’s wife, Amanda, led the charge to end age discrimination in the care system after being forced into financial hardship because her husband was not entitled to the free personal care over-65s receive.

Former Dundee United star Frank Kopel

The Courier threw its weight behind the campaign and eventually helped secure the cross-party support required to ensure new legislation would be brought it.

It came into effect in April 2019, five years after Mr Kopel passed away, and was expected to benefit thousands of Scots.

But Liz Smith told MSPs a Freedom of Information request has revealed only four under-65s were recorded as having applied for and received free personal care from 2019 to the end of 2021.

Data collection was postponed last year but was restarted in August so updated figures are expected to be published on May 10.

MSP calls for national recovery group

Ms Smith is calling on the government to back a proposal by her Conservative colleague Miles Briggs – who was also at the forefront of the Frank’s Law campaign, to institute a national recovery group to make sure services are adequately supported.

She said: “There are concerns that the implementation of free personal care through Frank’s Law has been slow.

Liz Smith, MSP for Mid Scotland and Fife

“Several of my constituents have contacted me as they are concerned about the overall absence of data on this provided by the Scottish Government.

“The very low take up of free personal care, which was found through the Freedom of Information request by West Lothian Health and Social Care Partnership, underlines how serious this issue is.”

‘We will do everything we can’

Social care minister Kevin Stewart said the Scottish Government is “doing a number of things to ensure we get this right”.

“I think we need to pay close attention to the statistics that will be published in May to see how things are going, right across the country, to ensure that we are getting it right for under-65s,” he said.

“We will continue to do all that we can to ensure that our intentions here are implemented and people get the care that they need and deserve.”

Kevin Stewart MSP.

But Ms Smith insisted “many people will be keen to know the overall statistics on this issue”.

She said: “This was why I asked the minister if he would reconsider his position and support my colleague Miles Briggs’s proposal to institute a national recovery group – in partnership with Cosla and others – to ensure that these services are adequately supported.

“I will make sure I continue to press the Scottish Government on this matter.”

New systems can take time

In a message to supporters in 2019, as the new law came into effect, Mrs Kopel said she hoped promises would be kept to ensure everyone who needs the care receives it.

“There can be no postcode lottery, no excuses when it comes to people’s lives,” she said.

“I ask that people have a little patience when it comes to the implementation of Frank’s Law because I am aware that any new system takes time to work.”

Mrs Kopel wrote to Nicola Sturgeon later that year to express concerns over the Scottish Government failing to fully deliver on Frank’s Law.