1. Joanne Clement 1 October 2014
The Care Act 2014
Joanne Clement
1 October 2014

2. Introduction Most of Act comes into force - April 2015
Funding reform - April 2016
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3. 1: General Duties Key principle: Individual Well-being
General duty to promote individual’s well-being
LA must “have regard”
Individual best placed to judge individual’s well being
Individual’s views, wishes, feelings beliefs
Individual participating as fully as possible
Preventing and delaying need for care and support
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4. 1. General Duties No mention of independent living in the Act
BUT draft guidance says
“The wellbeing principle is intended to cover the key components of independent living in the UN Convention on the Rights of People with Disabilities”
Supporting people to live as independently as possible, for as long as possible, is “a guiding principle of the Care Act”
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5. 1: General Duties LAs must provide information and advice
Includes financial information and advice
Duty on public bodies to co-operate
Integration of care and support with health services and housing
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6. 2: Assessment Assessment for adults and carers
Appears to a local authority person may have needs for care and support
Assess needs and desired outcomes
Training
No experience of condition, must consult expert
Specialist assessors for people who are deafblind
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7. 2: Assessment Adult can refuse assessment UNLESS
Lack capacity and would be in his best interests
Experiencing, or at risk of, abuse or neglect
Independent advocacy – substantial difficulty in being involved and no one to act on person’s behalf
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8. 3: National Eligibility Framework
First national eligibility framework
End to the post-code lottery
Minimum threshold not maximum – power to meet needs below national threshold
Impact of needs on the person’s well being
Draft regulations published June 2014 – Govt says equivalent to substantial
Outcomes v activities?
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9. 3: National Eligibility Framework
Lots of room for interpretation
Physical or mental impairment or illness
As a result, unable to achieve a particular outcome
As a consequence, “significant impact” on adult’s well being
Outcomes – basic care activities; maintaining relationships; work / training / education or volunteering; accessing community facilities; caring responsibilities for a child
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10. 3: National Eligibility Framework
Basic care activities
Eating and drinking
Maintaining personal hygiene
Toileting
Getting up and dressed
Getting around home
Preparing meals
Cleaning and maintaining home
Also National Eligibility threshold for carer’s needs
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11. 4: Charging Power to charge for services
No major changes – clarifying the law
Cap on care costs
Prevents local authorities from charging if total costs accrued in meeting eligible needs exceeds the cap
£72,000 after state retirement age. Lower below it
Not include daily living costs
More consultation on care cap
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12. 4: Charging Calculating the costs for the cap
LA itself meets needs: costs to LA, specified in personal budget OR
Another LA met needs cost to that other LA, specified in personal budget OR
Self-financing: what cost to LA would have been if LA had met eligible needs, specified in personal budget. NOTIONAL cost, not actual cost
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13. 5: Meeting Needs Duty to meet adult’s eligible needs
Ordinarily resident
Needs not being met by carer
Accrued costs not exceed the cap
No charge for meeting needs or three conditions met
Condition (1): Resources below financial limit
Condition (2): Resources above limit, but LA asked to provide
Condition (3) : Lacks capacity to arrange themselves
Duty to meet if accrued costs exceed care cap
Power to meet needs
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14. 5: Meeting Needs
Duty to support carers if needs meet eligibility criteria (similar caveats on costs)
Ways to meet needs
providing accommodation,
Care and support at home
Counselling or social work
advice
LA itself provide service; arranging for another person to provide service; making direct payments
Care and support plan – linked to outcomes
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15. 5: Meeting Needs Personal Budget cost to LA of meeting eligible needs
Adult contribution and daily living costs
Amount LA must pay
Any other public funds
Independent personal budget
- privately arranged
- notional cost - what cost to LA would be
- minus daily living costs
- ensure those privately paying not reach the cap more quickly
The “Care Account” – accrued costs
Direct Payments
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16. 6: Safeguarding Adults LA duty protect adults from abuse and neglect
Safeguarding Adult Boards
Safeguarding enquiries if suspect adult with care and support needs is suffering or at risk of abuse or neglect
Independent advocates
No power of entry
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17. 7: Market Shaping
LA must promote efficient and effective operation of market
Variety of providers
Variety of high quality services – 15 minute care visits?
Aware of current and likely future demand and supply. Sufficiency assessment?
Sustainability of the market: fees? Regard to actual cost of care
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18. 8: Moving between LA areas
Can you take care package with you if you move? No, but better than before
Genuine intention to move - home LA provide information; receiving authority must assess
Receiving authority has duty to provide from day 1. If not completed assessment, must comply with home LA package
Assessment / cost of provision different – provide written explanation of the difference
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19. 9: Outsourcing
LA can outsource almost all social services functions to third party
Only exception: promoting integration and co-operation and safeguarding functions
Third party can take decisions for the LA
LA remains liable for third party actions (not criminal offences)
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20. 10: Human Rights Act Extending scope of HRA to private care providers
Not cover entirely private arrangements
Regulated by CQC
Providing care and support arranged or funded by LAs
Residential and non residential
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21. 11: Appeals v Judicial Review
Power to set up appeals against LA decisions
Challenge LA decisions “without resorting to judicial review”
Short on detail
“Element of independence” from LA – “some LA representation”
Another consultation on appeals
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