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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.

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Presentation on theme: "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."— Presentation transcript:

1 Introduction and overview Care Act 2014

2 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 2

3 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 3

4 Legislation, regulations and guidance 4 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

5 The framework of the Act and its statutory guidance 5 Assessment and eligibility Charging and financial assessment Care and support planning Personal budgets and direct payments Review Key processes Prevention Integration, partnerships and transitions Information, advice and advocacy Diversity of provision and market oversight Safeguarding General responsibilities and key duties Wellbeing Underpinning principle

6 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 6

7 The Care Act 2014 replaces many previous laws 7 1948 1960… 1970… 1980... 1990… 2000… 2010… National Assistance Act 1948 NHS and Community Care Act 1990 Carers (Recognition and Services) Act 1995 Chronically Sick and Disabled Person Act 1970 Community Care (Direct Payments) Act 1996

8 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 8

9 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 9

10 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 10

11 Changes to assessment, eligibility and financial assessment processes 11 Deferred payment agreement Person appears to have needs Assessment Are their needs eligible? YES NO (written explanation) Financial assessment Advice and information

12 Changes to care and support planning processes 12

13 What might this mean to you?  In small groups discuss what these changes may mean for the organisation you work in / represent. 13

14 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 14

15 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 15

16 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 16

17 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 well-being, taking into account their views, wishes, feeling, beliefs 17 “The general duty of a local authority, … in the case of an individual, is to promote that individual’s wellbeing”.

18 Exercise  Thinking about wellbeing in general, what does this mean to you? 18

19 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. 19

20 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 20

21 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. 21

22 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. 22

23 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, called a care account, of how much eligible care you have needed in total 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 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 will people experience the new system in 2016/17? Support from family, networks community…

24 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 24

25 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. 25

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