Presentation by Shona McFarlane, Director of Health and Wellbeing
Minutes:
Nigel Parr, Professional Standards and Development Service Manager, gave the following powerpoint presentation:-
Care Act 2014
- Received Royal Assent on 14th May, 2014
- The Act was in 3 parts – Care and Support, Care Standards and Health
- Part 1 of the Act consolidated and modernised the framework of care and support law with new duties for local authorities and new rights for Service users and carers
- It replaced many previous laws e.g. Chronically Sick and Disabled Person Act 1970, Community Care (Direct Payments) Act 1996
What is the Act trying to achieve?
- That care and support
Is clearer and fairer
Promotes people’s wellbeing
Enables people to prevent and delay the need for care and support and carers to maintain their caring role
Puts people in control of their lives so they can pursue opportunities to realise their potential
An integrated Act
- Different sections of the Act are designed to work together
- Local authority wide
- Overlap with Children and Families including transitions
- Partnerships and integration
- Leadership
Framework of the Act and its Statutory Guidance
- Underpinning principle
Wellbeing
- General responsibilities and key duties
Prevention
Integration, partnerships and transitions
Information, advice and advocacy
Diversity of provision and market oversight
Safeguarding
- Key processes
Assessment eligibility
Charging and financial assessment
Care and support planning
Personal budgets and direct payments
Review
The Wellbeing Principle
- Wellbeing broadly defined 9 areas in particular
- Local authorities should also have regard to other key principles when carrying out their activities such as beginning with the assumption that the individual is best-placed to judge their wellbeing
New Responsibilities of Local Authorities towards all Local People
- Arranging services or taking other steps to prevent, reduce or delay peoples’ needs for care and support
- Provision of information and advice including independent financial advice
- Promoting diversity and quality in the market of care providers so that there are services/supports for people to choose from
New Duties – Integration and Market Oversight
- A statutory requirement to collaborate and co-operate with other public authorities including duty to promote integration with NHS and other services
- Duty for local authorities to step in to ensure that no-one is left without the care they need if their service closes because of business failure
- Care Quality Commission oversight of financial health of providers most difficult to replace were they fo fail and to provide assistance to local authorities if providers do fail
New duties – Advocacy, Safeguarding and Transitions
- A duty to arrange independent advocacy if a person would otherwise be unable to participate in or understand the care and support system
- New statutory framework for protecting adults from neglect and abuse. Duty on local authorities to investigate suspected abuse or neglect, past or present, experienced by adults still living and deceased
- Duty to assess young people and their carers in advance of transition from Children’s to Adult Services where likely to need care and support as an adult
What might this mean for People needing Care and Support?
- Better access to information and advice, preventative services and assessment of need
- An entitlement to care and support
- A cap on care expenditure which an individual is liable for comes into effect from April, 2016
- A common system across the country:
Continuity of care
Fair Access to Care Services replaced by a national eligibility threshold
How will people experience the new system in 2016/17?
- If you have care and support needs you could be supported by Assessment of the care and support you need and eligibility for state support
Information and advice on local services and how much they cost
Reablement, rehabilitation and other free services
Support from family networks community
- How much you might pay for your care and support depends on your financial situation
You have a financial assessment to see what you have to pay
- Costs are capped
There is a cap on expenditure on eligible care from April, 2016
- Every year the local authority
Reviews your care needs and financial situation
Keeps a record from April, 2016, a care account, how much eligible care you have needed in total
What does this mean for Carers?
- The Care Act strengthens the rights and recognition of carers:
Improved access to information and advocacy should make it easier for carers to access support and plan for their future needs
The emphasis on prevention will mean that carers should receive support early on and before reaching crisis point
Adults and carers have the same rights to an assessment on the appearance of needs
A local authority must meet eligible needs of carers and prepare a support plan
A carer should be kept informed of the care and support plan of the person they care for
- Children and Families Act 2014
What might this mean for Local Authorities?
- New duties and responsibilities
- Changes to local systems and processes
- More assessments and support plans
- Responsibilities towards all local people
- Better understanding of self-funders and the care market needed
- Training and development of the workforce
- Costs of reforms
- Preparation or reforms needed
What might this mean for Local Authority Partners and Care Organisations?
- NHS, Housing and Children’s Services share the duty to integrate
- Partners and providers will find:
They may need to respond to the wellbeing principle
Greater local authority focus on promoting diversity and quality in the market and market intelligence about self-funders needed
Greater local authority involvement in services focussed on prevention and delay
National, not local, eligibility criteria
New statutory Safeguarding arrangements
Summary
- A significant piece of legislation that modernises the framework of care and support law bringing in new duties for local authorities and for Service users and carers
- It aims to make care and support clearer and fairer and to put people’s wellbeing at the centre of decisions and embed and extend personalisation
- Local authorities have new responsibilities towards all local people including self-funders
- There are significant changes to the way that people will access the care and support system
Discussion ensued with the following issues raised/highlighted:-
· The Act came into force as from 1st April, 2015
· National eligibility criteria as from April, 2016
· Anticipated additional 5,357 requests for a care assessment in Rotherham as the eligibility criteria was reduced
· Local Authority would have to look on a case-by-case basis to ascertain eligibility
· Engagement with local resources/voluntary and community sector to work in partnership to support the needs of the community at a far greater level than present
· Belief that self-funders that will present themselves/eligible for support would be in the region of 667
· In 2015/16 Rotherham would see an increase in costs of £727,000 in terms of assessments and financial support
· Routine workforce meetings as well as the Association of Directors of Adult Social Services looking at the implementation of the Act to ensure continuity across the region
· A large amount of the Act was desperately needed but there were also great concerns regarding the equity of resources
· A lot of people would be caught by the changing of the cap to £100,000 given the average house price in Rotherham
· The rationale was set against a background of year-on-year budget cuts and greater increase in the population
· Consultation would commence shortly with the voluntary and community sector, however, the eligibility criteria had only recently been released and officers were working through what the implications would be
· Discussions had started with the Police regarding vulnerable persons and the processes required
· Innovative means of communicating the information to the public were being worked up
· Training would involve legal advisors and be accessible to partners and the voluntary and community sector
· It was anticipated that the forthcoming grant would not be sufficient to meet the additional burden
Resolved:- (1) That the report be noted.
(2) That a schedule of the training events be submitted to the next meeting.