Transcript Document

Introduction and overview
Care Act 2014
What is this module about?
 Part 1 of the Care Act and its statutory guidance
 Who’s it for?
 Adult social care as well as wider elements of local authorities
 Health and other local authority partner organisations
 Social care provider and support organisations in all sectors
 Those involved in the governance of these organisations and
people who work, care, support and volunteer in them
 Practitioners
 What might you learn?
 The basic framework of the Act and its key components
 The core principles behind the Act and what it is intended to deliver
 Some implications of the Act and key changes
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Introduction
 The Care Act received Royal Assent on 14 May 2014
 The Act is in three parts:
1. Care and support
2. Care standards
3. Health
 Part 1 of the Act consolidates and modernises the framework of care
and support law:
 New duties for local authorities
 New rights for service users and carers
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Legislation, regulations and
guidance
Primary legislation – the Care Act 2014
Legal duties and powers
Secondary legislation – the regulations
More detail on critical requirements
Statutory guidance
Guidance on how to meet the legal
obligations in the Act
Implementation support
Best practice guidance, toolkits and other
products that help support implementation
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The framework of the Act and its
statutory guidance
General
Underpinning responsibilities and Key processes
principle
key duties
Wellbeing
Prevention Assessment and
eligibility
Integration,
partnerships
Charging and
and transitions
financial
assessment
Information,
advice and Care and support
advocacy
planning
Diversity of
provision and
market oversight
Personal
budgets and
direct payments
Safeguarding
Review
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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
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The Care Act 2014 replaces many
previous laws
National
Assistance Act
1948
1948
1960…
NHS and
Community
Care Act 1990
1970…
Chronically Sick
and Disabled
Person Act 1970
1980...
Community Care
(Direct
Payments) Act
1996
1990…
2000…
2010…
Carers
(Recognition and
Services) Act
1995
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New duties – integration and
market oversight
 A statutory requirement to collaborate and cooperate 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
 CQC oversight of financial health of providers most difficult to replace
were they to fail and to provide assistance to local authorities if
providers do fail
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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
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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
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Changes to assessment, eligibility
and financial assessment
processes
Person appears
to have needs
Assessment
Are their
needs
eligible?
YES
Deferred
payment
agreement
Financial
assessment
NO (written
explanation)
Advice and
information
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Changes to care and support
planning processes
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What might this mean to you?
 In small groups discuss what these changes may mean for the
organisation you work in / represent.
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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 (FACS) replaced by a national
eligibility threshold
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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
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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 focused on
prevention and delay
- National, not local, eligibility criteria
- New, statutory safeguarding arrangements
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The wellbeing principle
“The general duty of a local authority, … in the case of
an individual, is to promote that individual’s wellbeing”.
 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 well-being, taking into
account their views, wishes, feeling, beliefs
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Exercise
 Thinking about wellbeing in general, what does this mean to you?
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Definition of wellbeing
Wellbeing is a broad concept, and the statutory guidance defines it as
relating to the following nine areas in particular:
 personal dignity (including treatment of the individual with respect)
 physical and mental health and emotional wellbeing
 protection from abuse and neglect
 control by the individual over day-to-day life (including over care and
support provided and the way it is provided)
 participation in work, education, training or recreation
 social and economic wellbeing
 domestic, family and personal relationships
 suitability of living accommodation
 the individual's contribution to society.
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National Eligibility criteria
 the needs arise from or are related to a physical or mental impairment
or illness

as a result of those needs the adult is unable to achieve two ( any for carer) or
more of the specified outcomes:










a. managing and maintaining nutrition
b. maintaining personal hygiene
c. managing toilet needs
d. being appropriately clothed
e. being able to make use of the home safely
f. maintaining a habitable home environment
g. developing and maintaining family or other personal relationships
h. accessing and engaging in work, training, education or volunteering
i. making use of necessary facilities or services in the local community, including public transport
and recreational facilities or services
j. carrying out any caring responsibilities the adult has for a child
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National Eligibility Criteria cont.:
 As a consequence of being unable to achieve these outcomes there is,
or there is likely to be, a significant impact on the adult’s wellbeing.
 All three criteria must be met to be eligible.
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Statement from the Council
 Education, Health and Social Care will meet eligible needs as
per the Care and Support Statutory Guidance (issued under
the Care Act 2014). Where appropriate, and with permission
from the person, a combined/ integrated assessment will be
completed with any other relevant agency e.g. Health.
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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
How much you might pay for your
care and support depends on your
financial situation
Support from
family, networks
community…
You have a financial
assessment to see
what you have to pay
Every year the local authority
• Reviews your care needs and financial
situation
• Keeps a record, from April 2016, called a care
account, of how much eligible care you have
needed in total
Costs are capped
There is a cap on expenditure
on eligible care from April
2016
Summary
 A significant piece of legislation that modernises the framework of care
and support law, bringing in:
 New duties for local authorities
 New rights 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
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What might this mean for your
practice?
In small groups discuss what you’ve heard
and identify changes that you will think you will
need to make to your practice.
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