General guidance

This section provides guidance on some of the common terms and categories used throughout the DPA return. These principles should be applied throughout the return.

For specific information about how to complete particular sections of the return, please consult the relevant chapter of this document.

The DPA return should be used only to capture information on DPAs which have been fully agreed and signed off. This means that a DPA would only be counted when an agreement has been signed. This may mean that the DPA return includes DPAs which were originally applied for in a previous year.

The only exception to this is table 3a in DPA003, which includes details of DPAs which have been turned down. Again these DPAs should only be included when a final decision has been made. Pending DPAs which are still going through the approval process should not be included in this measure.

Unsecured DPAs

In line with the above, DPAs which are still pending and have not yet been secured should not be included in the return, even where debt is being accrued against the DPA. These DPAs should only be reported once the agreement has been agreed and the Debt secured.

Solicitors undertakings

As per the statutory guidance regarding DPAs, Solicitors undertakings should be included where they are accepted by the local authority as adequate security for a DPA where a first charge cannot be secured. Solicitors undertakings should not be counted where they are used in place of a DPA for example where sale of property has already been agreed and the undertaking is being used as a bridging loan until these funds are recovered.

Pre Care Act DPAs

Local authorities may have DPAs that pre-date the care act (using section 22/HASSASSA powers, or secured under the Health and Social Care Act). Any DPA agreed prior to the Care Act should be included throughout the return where they

• cover a debt that is still accruing (where HASSASSA powers have been used to secure historical debts, these should not be included);
• are for a person receiving care in a care home; and
• are secured against a property

These DPAs should be included in the discretionary column of DPA001 and DPA002.