The Care Act and its implications for colleges

Jude Wells October 2014

Summary of presentation and discussion

An overview of the Care Act and its key features Links with other legislation Implications for colleges Chance to discuss these with colleagues Share key issues Think about next steps people lives communities

Background to the Care Act

Care & support legislation has been developed over time and is in need of consolidation into a single statute.

The Care Act builds on the Draft Care & Support Bill 2012 and takes account of: Public consultation; Dilnot commission on funding of care Francis Inquiry into the Mid-Staffs failings Law Commission recommendations The Care Act received Royal Assent on 14 May 2014. people lives communities

Scope

The Care Act represents the most significant reform of care and support in more than 60 years, putting people and their carers in control of their care and support The Care Act 2014 is comprehensive in scope, and combines new requirements in law and practice, together with introducing legal requirements around existing policy and practice. Implementation of the Act is in two phases: April 2015, which applies to the majority of the provisions of the Care Act, and April 2016, which specifically relates to the introduction of care accounts, a cap on care costs and an appeals process . people lives communities

Key areas

General Duties and Universal Services First contact and identifying needs Charging and financial assessment Person centred care and support planning Integration and Partnership Working Adult safeguarding Transition people lives communities

Principles

Focus on wellbeing and prevention Good quality info and advice and advocacy The introduction of a national eligibility criteria Transparent assessment process and person centred planning Right to personal budget Carers entitled to assessment in their own right Market development Integrated working and joint commissioning people lives communities

Overlap with Children's and Families Act

The Children and Families Act 2014 –see leaflet Personalisation at the centre of both Acts Outcomes focused Right to have a personal budget from 18 (18-25 group) Pooled budgets Joint commissioning models Coproduction with people and families/carers A new duty on local authorities to carry out Child’s Needs Assessments (CNA) for young people who are likely to have needs for care and support after they reach 18. Personal Health budgets now a right in CHC people lives communities

Care Act 2014: Transition assessment

If a child, young carer or an adult caring for a child is likely to have needs when they, or the child they care for, turns 18, the local authority

must

assess them when it considers there is

“significant benefit”

to the individual in so doing A transition assessment must be conducted, however, the timing of this assessment will depend on when it is of significant benefit to the young person or carer This will generally be at the point when their needs for care and support as an adult can be predicted reasonably confidently, but will also depend on a range of other factors 8 people lives communities

Continuity of care after the age of 18

If adult care and support is not in place on a young person’s 18th birthday, and they or their carer have been receiving services under children’s legislation, the local authority

must

continue providing services until the

relevant steps

have been taken This provision will continue throughout the assessment process until adult care and support is in place or until assessment indicates that adult care and support does not need to be provided These changes will mean there is no “ cliff-edge ” where someone reaching the age of 18 who is already receiving support will suddenly find themselves without the care and support they need at the point of becoming an adult 9 people lives communities

Issues of consent and capacity

A young person or carer, or someone acting on their behalf, has the right to request a transition assessment The young person or carer

must agree

to the assessment where they have mental capacity and are competent to agree Local authorities have a duty to provide independent advocacy where the person would experience

substantial difficulty

in being involved in the assessment process Where there is a lack of capacity the local authority

must be satisfied

that an assessment is in their (young person or carer) best interests Everyone has the local authority suspects a child is experiencing or at risk of abuse or neglect

right to refuse

a transition assessment unless the people lives communities 1 0

Ordinary residence and transition to higher education

Where a young person is intending to move to a higher or further education institution which is out of the area where they were receiving children’s services, they will usually remain ordinarily resident in the area where their parents live (or the local area which had responsibility for them as a child) people lives communities 1 1

Transition from children’s to adult NHS Continuing Health Care

CCGs should use the National Framework for NHS Continuing Healthcare and supporting guidance and tools to determine what on-going care services people aged 18 years or over should receive The framework sets out that CCGs should ensure that adult NHS continuing healthcare is appropriately represented at all transition planning meetings to do with individual young people whose needs suggest that there may be potential eligibility people lives communities 1 2

The Market implications and duties

Market Shaping and commissioning

The Care Act imposes new duties on Local Authorities to facilitate a vibrant, diverse and sustainable market for high quality care and support in their area

• Designing strategies that meet local needs • Engaging with providers and communities • Understanding the market • Facilitating the development of the market • Integrating approach with local partners • Securing supply and assuring quality through contracting people lives communities

Market Shaping and commissioning

A local authority must promote the efficient and effective operation of a market with a view to ensuring that any person in its area wishing to access services in the market has… A variety of providers to choose from who (taken together) provide a variety of services; A variety of high quality services to choose from; Sufficient information to make an informed decision about how to meet the needs in question.

There is a significant overlap with Local Offer requirements people lives communities

Duties for LAs

Making available information about providers and the types of services they provide; Being aware of current and likely future demand for such services and to consider how providers might meet that demand; Enabling people with needs for care and support and carers to participate in work, education or training; Ensuring the market is sustainable.

Foster continuous improvement. Making sure services are efficient and effective and encouraging innovation people lives communities

Safeguarding

Local authorities and other parts of the health, care and support system will have a clear framework to protect vulnerable adults at risk of abuse or neglect. Although local authorities have been responsible for safeguarding for many years, there has never been a clear set of laws or regulations behind it. As a result, it has often been very unclear who is responsible for what in practice. It will become a legal requirement of each local authority to set up a Safeguarding Adults Board (SAB) formalising the arrangements most authorities currently have. people lives communities

What does it mean for colleges

Consider the challenges and opportunities that the introduction of the Care Act may bring Feedback your one key challenge and opportunities Think about what you need to do within your college and with commissioners people lives communities

Focus on Outcomes

4 key outcomes for adulthood-employment independent living community inclusion and health Promote person centred planning Respond to personal budgets Marketing your offer Supporting young persons voice Explore partnerships with other providers people lives communities

Further information

• • • • • • https://www.gov.uk/government/uploads/system/uploads/ attachment_data/file/315993/Care-Act-Guidance.pdf

https://www.gov.uk/government/uploads/system/uploads/ attachment_data/file/315215/draft_regs.pdf

http://www.publications.parliament.uk/pa/cm201415/cms elect/cmpubacc/518/518.pdf

http://www.preparingforadulthood.org.uk/ http://www.thinklocalactpersonal.org.uk/ https://www.gov.uk/government/uploads/system/uploads/ attachment_data/file/321313/Factsheet_11.pdf

people lives communities

Thank you!

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