TENS of thousands of pensioners are being given no choice in denied the right to alltheir own care package amid claims of “systemic failures” within the industry and patients being coerced to select council services.

New figures suggest more than 150,000 people are failing to gain the control over the care they are lawfully entitled to with eight councils offering a choice to fewer than one in ten people.

Under the Social Care Act, since 2014 everyone eligible for social care has the right to choose how that control is provided, under Self-Directed Support (SDS).

But figures published by the Scottish Government show that fewer than 28 per cent of people eligible for SDS are given an informed choice Under the law, councils can exercise the choice on behalf of people who do not wish to – and this is the case for 86 per cent of over 65s, leading to concerns that many older people are not genuinely being offered a choice, or are being leaned on to accept council-approved services.

The main recipients of such care are frail older people and people with disabilities, receiving help such as personal and health care, equipment, respite care, meals and housing support.

Donald MacAskill, chief executive of Scottish Care, which represents the country’s independent sector health and social care providers, said: “These figures validate and consolidate the concerns we have raised. There is a systematic failure to address the challenges of giving people choice and control.”

He called for a greater emphasis on providing real choice to older people and making them aware of their rights. “I remain to be convinced that social workers and others are not exercising undue influence on people. It is important older people fully understand the choices available to them with regard to the purchase of care and support.

“The fact that only a quarter of individuals overall are exercising choice suggest this is not the groundbreaking change we were promised.”

The figures, provided by the Government, show that choice was most likely to be denied to older clients and those on the lowest income. They come less than a fortnight after a report warned that councils were breaching the legal and human rights of elderly and disabled clients by restricting their choices or denying them any control over services.

The report warned that many councils are only beginning to collect data and figures may be an underestimate of how well the policy is working. But Mr MacAskill said this was a “statistical excuse”, and they could equally be an overestimate.

“The Scottish Government needs to invest energy and resources in getting this flagship policy right.”

Scottish Conservative health spokesman Miles Briggs said: “These figures show that two years after the introduction of SDS, only a quarter of those eligible have been offered the opportunity manage their own support.

“Scottish Care and other sector bodies previously warned that laws were being broken and social care users were being failed. These figures confirm this.

“I call on the Scottish Government to ensure the legislation they have introduced is enacted, and vulnerable people are given the power to determine how they are supported.”

Scottish Labour’s social care spokesman, Colin Smyth MSP, added: “All elderly people deserve dignity in their care, and a crucial part of that is ensuring everybody has the right to choose which level of support they require through self-directed care.”

Peter Johnston, Cosla’s health and well- being spokesman, said the SDS represents a “monumental change” which “cannot be delivered overnight”.

He claimed the Scottish Government figures were based on data that was more than two years old and should be read with a degree of caution.

The Scottish Government claims long-term change will take time, but says ministers have invested almost £60 million since 2011 to support the roll-out of this the policy.

A spokeswoman said: “Self-directed support represents a long-term, transformational change in how Scotland plans and delivers social care – and, as such, will take time to fully embed.”