Scottish ministers have asked councils to start costing Frank’s Law, The Courier can reveal.
The revelation fuelled speculation that SNP politicians were finally preparing to back Amanda Kopel’s bid to end discrimination against under-65s with debilitating diseases like dementia who need personal care but are currently charged for receiving it.
It came as Miles Briggs, the Conservative shadow health secretary, lodged a private member’s bill at Holyrood to make the campaign a reality.
A majority of MSPs back the changes despite the Scottish Government not yet formally being in favour of closing the loopholes.
He said: “It is good to see that the Scottish Government appear to be finally taking this issue seriously and asking local authorities for their estimates of the costs of Frank’s Law.
“At present Fife Council is providing free personal care for those who need it under 65 so a precedent clearly exists for Frank’s Law to be put in place and delivered for those who need it.
“I hope that the government’s feasibility study alongside my own member’s bill consultation can help deliver implement Frank’s Law. It is needed today, was needed yesterday and all politicians need to work together to deliver it without further delay.”
Dundee United legend Frank Kopel and his wife Amanda paid around £300 a week for him to have personal care in his Kirriemuir home after he was diagnosed with dementia aged 59.
The former left-back was eligible for just 19 days of free personal care before his death in April 2014, despite living with the illness for nearly six years.
A Dundee City Council source said the authority had been asked by the Scottish Government to cost extending free personal care to the under-65s with respect to dementia.
They added: “This has come in a survey form, which is generally the beginning of an exercise which could bring in legislation.”
A council spokesman confirmed the request, which is understood to have been made to authorities across the country and has a response deadline of the end of July, was received on Monday.
Amanda was in the Scottish Parliament on Thursday as nearly 20 politicians lined up to show their support for the bill as it was formally lodged with officials.
One of those present was former Health Secretary Alex Neil, who revealed he was planning to bring Frank’s Law into force before he was sacked by Nicola Sturgeon.
He said: “The bill helps to put additional pressure on and garner support within the parliament for the whole principle that people shouldn’t be penalised because they have taken dementia before they reach the age of 65 and qualify for free personal care.”
Health Secretary Shona Robison said: “We are already committed to examining the extension of free personal and nursing care to those under 65, while protecting existing provision.
“We are currently running a feasibility study to consider the costs, benefits, challenges and consequences of extending free personal care, including analysis of the additional demand for care likely to be created and the relationship with social security provision. This will be completed over the summer.”
Anas Sarwar, Labour’s health spokesman who was present as the bill was lodged, said under-65s “deserve the same free personal care that those over that age…receive.”
Alison Johnstone, of the Greens, said the party woud seek ensure free social care was available regardless of a person’s age or medical condition.
Liberal Democrat health spokesperson Alex Cole-Hamilton confirmed Franks Law continues to have the full support of his party.
‘I hope that Frankie is proud of me’
By Amanda Kopel
This was a day of mixed emotions. I was delighted and overwhelmed. I kept thinking I was going to waken up and it would be a dream.
With the enormous work of Miles Briggs and his team in the last few months, I am very, very confident – more confident than I have been in the past few years – about Frank’s Law becoming law.
All MSPs have people in their constituencies that would benefit from Frank’s Law.
As I keep saying to people, Frankie took my hand one day and he said: “Amanda, tell them. It’s too late for me but it is going to help others in the future.”
Even at that point Frankie knew there was no hope for him. There was not going to be a win at the end of that battle, just a conclusion.
He knew that but he wanted to help other people and I know that he is here, right beside me.
He is always with me and he is really telling me to keep going. His words come back to me every single day of the campaign.
It is a campaign Frankie and I never, ever envisaged we would have to run.
If dementia had not come to our door we would have been none-the-wiser about the discrimination – and that is what it is – against under-65s whose only crime is breaking the rules and becoming ill before they are 65-years-old.
I would like to hope that he is very proud of me. He was a very reserved, shy person.
I was the one who did all the talking but I’m sure he would have encouraged me to keep talking.
He would have said: “Tell them.”
And I have been telling them.
Thank goodness now the likes of Miles Briggs and others are sitting up and saying: “We have listened and we are going to do something about this.”
Yes, in the past there have been sympathetic noises from MSPs but that is all they were and I’m a great believer that you are not going anywhere if hollow words are not followed up with actions.
Myself and the rest of Frank’s Army, which has thousands of members, are tired of going round in circles and getting the same old, same old, same old.
This is a massive step towards that battle being won and it is a battle that can be won.
A team effort is what kept the dream alive
By Kieran Andrews, political editor
Two-and-a-half-years ago, The Courier officially joined the campaign to make Frank’s Law a reality and end the discrimination suffered by under-65s who require personal care.
Warm words and cold shoulders have been received from politicians during that time but yesterday’s events at Holyrood proved that what has been, and still is in some cases, seen as a hopeless cause is moving towards reality.
Amanda Kopel’s tireless campaigning has seen her face up to two Health Secretaries, a couple of First Ministers and be called “inspirational” by the Prime Minister.
Almost every step of the way, from a moving first person account of what it was like looking after Frank overnight as suffered from his illness, to piling pressure on politicians of all persuasions to come onside and see sense and flagging up the huge number of endorsements for the campaign, The Courier has been on Amanda’s side.
It was fantastic to see the rest of the media finally catch up as the bill was brought forward yesterday.
Following the 2016 Scottish Parliament election, the arithmetic at Holyrood changed and the collective pressure started to pay off.
A majority of MSPs now support Frank’s Law, meaning Miles Briggs’ bill can be passed even if the SNP members fail to follow the footsteps of their very own Alex Neil, one of those health ministers Amanda has dealt with, and finally drag themselves on board.
Amanda said: “I have to thank The Courier for your massive support. It really has been brilliant.”
Briggs added: “This is a culmination of a lot of hard work, not just from me but from lots of others, including The Courier.
“I feel like I am simply presenting this. It isn’t my baby. It is the work of Amanda and so many Frank’s Law campaigners over such a long period of time.
“But it now feels like we are starting to get somewhere.”
He is correct. Amanda has been the driver of the campaign.
She is an incredible figure whose relentless pursuit of a policy change that can no longer help her but will benefit others has been nothing short of inspiring.
Behind her, a team effort of people like Briggs; Kirriemuir’s Jonathen Smith, who travelled across continents to spread the word; Emilio Marmol Roman, whose celebrity chasing has secured big name backing; and The Courier work together to make her dream a reality.
Now we need one big final push.
What happens now?
Now that the Frank’s Law bill proposal has been lodged with parliamentary authorities, it has to go out to consultation.
This process is expected to take around three months.
In September, Miles Briggs will sit down with the Scottish Parliament’s non-governmental bills team to analyse the responses and then put forward a draft bill.
This starts the formal parliamentary process which involves an initial vote in the chamber; scrutiny by a committee, likely to be health and sport; before it should become law after a second division between MSPs.
The bill can be amended at any stage but the only party within the opposition coalition giving it a majority who want to make any changes are the Greens – and they want to toughen it up to make sure all illnesses are included.
Frank’s Law is coming.
