People Group The Care Act 2014 David Soley Service Manager Social Care and Support Warwickshire County Council

People Group Contents: Brief introduction to the Care Act Key provisions The Care Act &: –Person Centred Care & Support –Eligibility –Carers & Carer Eligibility –Advocacy –Deferred Payments Questions? 2

People Group 3 The Care Act 2014: Relates primarily to adults in need of care & support, & their adult carers. Some provisions for the transition of children in need of care & support. Main provisions for Parent carers of children & young carers found in Children and Families Act 2014 & generally provided by Children's services

People Group Underpinning Principles Wellbeing – Not Just about individual needs but “should also be considered by LA when it undertakes broader strategic functions e.g. planning” Prevention – Ranging from “to individual interventions to wide-scale whole population measures that promote health & well-being” 4

People Group cont… Information and Advice – “Relates to the whole population & addresses care & support, prevention, wellbeing, finance, health, housing, employment, Adult Protection” Market Shaping – “Vibrant responsive market able to provide high quality personalised care regardless of who arranges or funds it” 5

People Group Key provisions of the Act Implementation April 2015: Wellbeing Prevention Safeguarding Vulnerable Adults Transitions to Adulthood Information & Advice (Including financial advice) Independent Advocacy (financial advice)

People Group Implementation April 2015 cont… Assessment (asset not deficits based) Carers Assessment (similar rights as ‘cared for’) Personal Budgets & Direct Payments Eligibility (Impairment, Outcomes, Wellbeing) Continuity of Care Cooperation with other statutory organisations Delegation of Local Authority Functions

People Group Implementation April 2016 Cap on Care Costs (Deferred - April 2020) Independent Personal Budget (eligible self funders) (Deferred - April 2020) Care Accounts (Deferred - April 2020) Part 1 Appeals (Deferred - April 2017 tbc??)

People Group Person centred care & support People & their carers “must be actively involved & influential throughout the planning process”. Increases access to Advocacy including financial advice. Everyone should have a personal budget & the ability to meet needs by taking a direct payment. Must be clearly explained (DP’s are the preferred option). People should be free to choose innovative forms of care & support from a diverse range of sources including non-service options. 9

People Group National Eligibility Framework National framework replaces Fair Access to Care Services (FACS) Eligibility can only be determined following a full but ‘proportionate’ assessment (as extensive as required to establish the extent of a person’s needs) Adults meet national eligibility criteria if: 1.Needs caused by physical or mental impairment or illness. 2.As a result of the adult’s needs they are unable to achieve two or more specified outcomes (see next slide). 3.As a consequence there is or is likely to be a significant impact on the person’s wellbeing (not defined in the Act). All 3 criteria must be met for the person to be eligible 10

People Group Specified outcomes 1.Maintaining personal hygiene 2.Managing toileting needs 3.Being appropriately clothed 4.Managing and maintaining nutrition 5.Being able to make use of the home safely 6.Maintaining a habitable home environment 7.Developing and maintaining family or other personal relationships 8.Accessing and engaging in work, training, education or volunteering 9.Making use of necessary facilities or services in the local community including public transport and recreational facilities or services 10.Carrying out any caring responsibilities the adult has for a child 11

People Group Unable to achieve Specified outcomes? People are regarded as unable to achieve outcomes if: 1.Unable to achieve it without assistance 2.Is able to achieve it without assistance but in doing so causes the adult significant pain, distress or anxiety 3.Is able to achieve it without assistance but doing so endangers, or is likely to endanger, the health or safety of the adult, or of others; or 4.Is able to achieve it without assistance but takes significantly longer than would normally be expected 12

People Group 13 Eligible people are: Given a personal budget and asked the level of control they wish to take: o Direct Payment (preferred) o Managed budget o Combination of the two above o Independent Service Fund (ISF) People are supported to plan how they will use their personal budget; if they need help, then advocates, brokers or others can support them People can use their personal budget to achieve the outcomes that are important to them. Local authority continues to check people are okay and can change things if people are not achieving the outcomes they wish to achieve.

People Group The Care Act & Carers Carers given the same status as the cared for. Carer is someone who provides informal unpaid support Duty to carers is the same as for the cared for: –Provision of information & advice –Promoting wellbeing –Preventing reducing or delaying needs for care and support –Assessment, support planning and reviewing –Personal Budgets and Direct Payments New National eligibility threshold for Carers 14

People Group Carers’ eligibility Carers can be eligible for support whether or not the adult that they care for has eligible needs. The Carers’ eligibility threshold is based on identifying: 1.Whether a carer’s needs are a consequence of providing necessary care for an adult. 2.These needs put the carer’s health at risk or makes them unable to achieve specified outcomes; and 3.As a consequence, there is, or is likely to be a significant impact on the carers wellbeing Necessary care = Support with things the person receiving care is unable to do for themselves. 15

People Group Carers eligibility cont.. A carer is regarded as being unable to achieve a specified outcome (see next slide) if they are: Unable to achieve it without assistance Able to achieve it without assistance but doing so: 1.causes them significant pain, distress or anxiety 2.endangers or is likely to endanger health or safety Fluctuating needs: Must be fully considered as part of the carer’s assessment. Advocacy Duty to offer advocacy to carers where they have significant difficulty in engaging with the assessment & support planning process. 16

People Group Specified outcomes are: 1.Carrying out any caring responsibilities the carer has for a child 2.Providing care to other persons for whom the carer provides care 3.Maintaining a habitable home environment 4.Managing and maintaining family or other personal relationships 5.Managing & maintaining nutrition 6.Engaging in work, training, education or volunteering 7.Making use of necessary facilities or services in the local community including recreational facilities or services 8.Engaging in recreational facilities 17

People Group Informing carers of their eligibility The Local Authority must provide a written record explaining the carer’s needs & their decision regarding eligibility. Where carers needs are not deemed eligible, the Local Authority must provide: 1.Information & advice on what support might be available in the wider community; or 2.What preventative measures might be taken to prevent or delay the condition progressing 18

People Group Support for Carers Eligible carer needs can be met through: Community support that the carer arranges themselves or is signposted to by the Local Authority Via a Carer’s Direct Payment Emotional support –either one to one or peer group support Opportunities to meet other carers with similar caring roles Assistance in getting specialist information, advice and support Money & Benefits advice The current carers support service is being reviewed by Commissioning and to ensure that the Local Authority delivers on our duties under the Care Act 2014, to offer accessible support to carers 19

People Group The Care Act & Advocacy LA’s must arrange an independent advocate to facilitate person’s involvement in: –Assessment, care/support planning & review –Safeguarding enquiry or safeguarding adults review If two conditions are met: –Person would have ‘substantial difficulty’ in being fully involved in these processes and –No one ‘appropriate’ to support & represent person’s wishes (other than paid or professional carer) 20

People Group Advocacy (definitions) Appropriate person: Must have the consent of the individual; or (if the individual lacks capacity the LA must be satisfied they are acting in their best interests. Substantial difficulty in being fully involved: Difficulty understanding, retaining, using/weighing information & communicating individual’s views. 21

People Group The person must be actively involved in the planning process 22

People Group The Care Act & Deferred Payments Customer must be ‘eligible’ for care & support Only applies to residential or nursing care Capital (non-Property) less than £23,250 Must have adequate equity/security (e.g. property) Must have the mental capacity to decide Some discretion can be applied on a case by case basis Interest charges will apply 2.65% (set by government) Administration charges will apply: –£458 one off fee to cover administration costs of the scheme. –£12.94 annual charge to cover in year administration costs (providing statements, reviewing the arrangement, etc). 23

People Group 24 Thank you Questions?