1. Care and Support in Housing with Care for Older People October 2015 Sue Garwood Extra Care Specialist

2. Trio of documents Policy Technical Brief – Care and Support in Housing with Care for Older People – October 2015 Outlines policy Case study report – Approaches to Procurement and Delivery of Care and Support in Housing with Care – April 2015 Outlines practice Edited 2010 Technical Brief – Care and Support in Extra Care Housing – October 2015 Outlines options and factors to consider

3. Policy Technical Brief What do we mean by Housing with Care The Care Act 2014 Commissioning, Procurement and Funding Charging Safeguarding Mental Capacity and Housing with Care Care Registration

4. Care Act 2014 & statutory guidance General responsibilities of local authorities New rules that apply to HWC Personalisation and empowerment run through the Act Housing a health-related service and included in Care and Support Statutory (CASS) Guidance National Eligibility Criteria Wellbeing principlePrevention IntegrationInformation and advice Diversity and quality in provisionCo-operation Accommodation choice directiveOrdinary residence

5. Commissioning, procurement and funding Care Act Health Architecture EU procurement rules – new light touch regime for social services type contracts Specified Accommodation Regulations – Category 2 reduces risks under Turnbull judgement Market shapingPersonal Budgets including Individual Service Funds Clinical Commissioning Groups and Health and Wellbeing Boards Better Care Fund

6. Charging Framework and Principles HASSASSA replaced but principles much the same Introduction of light touch financial assessments Treatment of wellbeing charges by LAs – as part of PB or as a disability related expense; should not be ignored Funding reforms postponed including: Care cap and care accountsCapital limits Self-funders right to request LA to arrange services

7. Safeguarding Care Act 2014 Statutory footing including guidance – applies to housing staff Applies if P needs care and support, at risk of abuse and unable to protect self Eligibility thresholds do not apply 6 key principles Disclosure and barring SVGA amended by Protection of Freedoms Act 2012 New definition of regulated activity and repeal of controlled activity – draws in fewer housing staff Disclosure and Barring Service Employers still need to make appropriate referrals Equality Act 2010

8. Mental Capacity Care Act Mental Capacity Act Deprivation of liberty Financial decisionsDirect payments Independent advocates Cheshire West acid testLaw Commission proposals Key principlesCapacity assessment

9. Care registration New CQC approach – five questions: Safe? Effective? Caring? Responsive? Well led? New regulations No remit to regulate “premises” if someone’s own home, but can raise concerns “Personal care” or “Accommodation for persons who require nursing or personal care”? CQC consultation – new guidance just issued Had been waiting for clarification on: Mental capacity and occupancy agreements Degree of separation needed between care and accommodation Core and add-on model

10. Case Study Report Introduction explores key issues and variations Three local authorities share their approaches 8 new case studies – all core and add-on Private and not-for-profit sectors Separate and single providers With and without LA care contract 5 case studies updated from 2010 Technical Brief

11. Unable to find good examples of: Co-production and user involvement in care specification Pooled budgets or significant health funding Switching care procurement model in existing schemes (apart from OCS 6: block contract in bands to core and add-on model) Use of Individual Service Funds - ? Gateshead Things I thought were the way of the future in 2009...... Any out there?

12. 2010 Technical Brief (2015 update ) Sections removed Characteristics of care & support in ECH Revenue and Charging Arrangements Case studies Sections retained Commissioning and procurement – including pros and cons of different models Legal relationships of different funding arrangements Care delivery How much care Terminology and sources not updated; principles remain much the same

13. Changes abound...Who knows: how well the care act will be implemented? what further guidance will emerge? whether the social care funding reforms will ever be implemented? what impact the1% rent cuts will have on HWC? what else the government has up its sleeve? what changes the law commission’s work and case law will lead to? how HWC will be viewed and used by LAs in the future? But the Care Act and MCA will remain for the foreseeable future and can empower customers and providers

14. Links and contact details Care and Support in Housing with Care for Older People – trio of documents http://www.housinglin.org.uk/CareandSupport_PolicyTechBrief Technical Brief: Funding Extra Care Housing http://www.housinglin.org.uk/FundingTechnicalBrief Housing and Safeguarding Adults Alliance website http://www.housinglin.org.uk/AdultSafeguardingAndHousing Mental Capacity and Deprivation of Liberty websites http://www.housinglin.org.uk/Topics/browse/HousingandDementia/Legislation Improved personalisation in Older people’s Housing with Care? http://www.housinglin.org.uk/Topics/type/resource/?cid=8830 Sue@suegarwood.co.uk

15. Thank you! c/o EAC 3rd Floor, 89 Albert Embankment London SE1 7TP email: info@housinglin.org.ukinfo@housinglin.org.uk tel: 020 7820 8077 website: www.housinglin.org.ukwww.housinglin.org.uk Twitter: @HousingLIN