Personalisation and the Care Act: Challenges and opportunities Y&H Personalisation Conference 13 June 2014

Is it making a difference? National Personal Budgets Surveys, Think Local Act Personal 2013

Numbers receiving direct payments – all councils by region (snapshot 12/13 per 100,00 of the population)

The Act is built around what is important to people, it: ensures that people’s well-being, and the outcomes which matter to them, will be at the heart of every decision made puts carers on the same footing as those they care for creates a new focus on preventing and delaying needs for care puts personal budgets on a legislative footing for the first time Places new duties on councils critical to realising the potential of personalisation – such as those relating to information and advice and market shaping Personalisation and the Care Act

Implementing the reforms Primary legislation – the Care Act The legal duties and powers Secondary legislation – the regulations More detail on critical requirements, often related to processes. The scope of regulations will depend on the powers specified in the Bill. Statutory guidance Guidance on how to meet legal obligations in the Bill. Will set out at a high-level the expectations of local authorities when exercising their functions. These are not mandated requirements, but the LA must have “cogent” reasons that it can legally justify if it wants to take another course. Practice guidance Best practice guidance, toolkits and other products which help support implementation. These do not have any legal status, so may be used by LAs, or not. They will vary from one area to another, and should be agreed/co-produced with stakeholders to ensure buy-in.

Information and advice (Clause 4) The Act introduces a new duty on local authorities to ensure the availability of information and advice about care and support, for their whole population

Market Shaping (Clause 5) The Act introduces a new duty requiring local authorities to actively encourage local markets that provide a sustainable, diverse range of high quality services so people have choice

Personal budgets, personal care planning and direct payments (Clauses 25-32) The Act puts personal budgets on a statutory footing for the first time for everyone with an eligible need. This also applies to carers. Also includes duty to develop a care and support plan, or support plan

What TLAP means by personalisation

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