people lives communities the care act and its implications for colleges jude wells october 2014

people lives communitiespeople lives communities

The Care Act and its implications

for colleges

Jude Wells

October 2014

people lives communities

Summary of presentation and discussion

An overview of the Care Act and its key features

Links with other legislation

Implications for colleges

Chance to discuss these with colleagues

Share key issues

Think about next steps


Background to the Care Act

Care & support legislation has been developed over time and is in need of consolidation into a single statute.

The Care Act builds on the Draft Care & Support Bill 2012 and takes account of:

Public consultation;

Dilnot commission on funding of care

Francis Inquiry into the Mid-Staffs failings

Law Commission recommendations

The Care Act received Royal Assent on 14 May 2014.


Scope

The Care Act represents the most significant reform of care and support in more than 60 years, putting people and their carers in control of their care and support

The Care Act 2014 is comprehensive in scope, and combines new requirements in law and practice, together with introducing legal requirements around existing policy and practice.

Implementation of the Act is in two phases: April 2015, which applies to the majority of the provisions of the Care Act, and April 2016, which specifically relates to the introduction of care accounts, a cap on care costs and an appeals process.


Key areas

General Duties and Universal Services

First contact and identifying needs

Charging and financial assessment

Person centred care and support planning

Integration and Partnership Working

Adult safeguarding

Transition


Principles

Focus on wellbeing and prevention

Good quality info and advice and advocacy

The introduction of a national eligibility criteria

Transparent assessment process and person centred planning

Right to personal budget

Carers entitled to assessment in their own right

Market development

Integrated working and joint commissioning


Overlap with Children's and Families Act

The Children and Families Act 2014 –see leaflet

Personalisation at the centre of both Acts

Outcomes focused

Right to have a personal budget from 18 (18-25 group)

Pooled budgets

Joint commissioning models

Coproduction with people and families/carers

A new duty on local authorities to carry out Child’s Needs Assessments (CNA) for young people who are likely to have needs for care and support after they reach 18.

Personal Health budgets now a right in CHC


Care Act 2014: Transition assessment

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If a child, young carer or an adult caring for a child is likely to have needs when they, or the child they care for, turns 18, the local authority must assess them when it considers there is “significant benefit” to the individual in so doing

A transition assessment must be conducted, however, the timing of this assessment will depend on when it is of significant benefit to the young person or carer

This will generally be at the point when their needs for care and support as an adult can be predicted reasonably confidently, but will also depend on a range of other factors


Continuity of care after the age of 18

If adult care and support is not in place on a young person’s 18th birthday, and they or their carer have been receiving services under children’s legislation, the local authority must continue providing services until the relevant steps have been taken

This provision will continue throughout the assessment process until adult care and support is in place or until assessment indicates that adult care and support does not need to be provided

These changes will mean there is no “cliff-edge” where someone reaching the age of 18 who is already receiving support will suddenly find themselves without the care and support they need at the point of becoming an adult

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Issues of consent and capacity

A young person or carer, or someone acting on their behalf, has the right to request a transition assessment

The young person or carer must agree to the assessment where they have mental capacity and are competent to agree

Local authorities have a duty to provide independent advocacy where the person would experience substantial difficulty in being involved in the assessment process

Where there is a lack of capacity the local authority must be satisfied that an assessment is in their (young person or carer) best interests

Everyone has the right to refuse a transition assessment unless the local authority suspects a child is experiencing or at risk of abuse or neglect

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Ordinary residence and transition to higher education

Where a young person is intending to move to a higher or further education institution which is out of the area where they were receiving children’s services, they will usually remain ordinarily resident in the area where their parents live (or the local area which had responsibility for them as a child)

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Transition from children’s to adult NHS Continuing Health Care

CCGs should use the National Framework for NHS Continuing Healthcare and supporting guidance and tools to determine what on-going care services people aged 18 years or over should receive

The framework sets out that CCGs should ensure that adult NHS continuing healthcare is appropriately represented at all transition planning meetings to do with individual young people whose needs suggest that there may be potential eligibility

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people lives communitiespeople lives communities

The Market implications and duties


Market Shaping and commissioning

The Care Act imposes new duties on Local Authorities to facilitate a vibrant, diverse and sustainable market for high quality care and support in their area

•Designing strategies that meet local needs•Engaging with providers and communities•Understanding the market•Facilitating the development of the market•Integrating approach with local partners•Securing supply and assuring quality through contracting


Market Shaping and commissioning

A local authority must promote the efficient and effective operation of a market with a view to ensuring that any person in its area wishing to access services in the market has…

A variety of providers to choose from who (taken together) provide a variety of services;

A variety of high quality services to choose from;

Sufficient information to make an informed decision about how to meet the needs in question.

There is a significant overlap with Local Offer requirements


Duties for LAs

Making available information about providers and the types of services they provide;

Being aware of current and likely future demand for such services and to consider how providers might meet that demand;

Enabling people with needs for care and support and carers to participate in work, education or training;

Ensuring the market is sustainable.

Foster continuous improvement.

Making sure services are efficient and effective and encouraging innovation


Safeguarding

Local authorities and other parts of the health, care and support system will have a clear framework to protect vulnerable adults at risk of abuse or neglect.

Although local authorities have been responsible for safeguarding for many years, there has never been a clear set of laws or regulations behind it. As a result, it has often been very unclear who is responsible for what in practice.

It will become a legal requirement of each local authority to set up a Safeguarding Adults Board (SAB) formalising the arrangements most authorities currently have.


What does it mean for colleges

Consider the challenges and opportunities that the introduction of the Care Act may bring

Feedback your one key challenge and opportunities

Think about what you need to do within your college and with commissioners


Focus on Outcomes

4 key outcomes for adulthood-employment independent living community inclusion and health

Promote person centred planning

Respond to personal budgets

Marketing your offer

Supporting young persons voice

Explore partnerships with other providers


Further information

• https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/315993/Care-Act-Guidance.pdf

• https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/315215/draft_regs.pdf

• http://www.publications.parliament.uk/pa/cm201415/cmselect/cmpubacc/518/518.pdf

• http://www.preparingforadulthood.org.uk/• http://www.thinklocalactpersonal.org.uk/• https://www.gov.uk/government/uploads/system/

uploads/attachment_data/file/321313/Factsheet_11.pdf


Thank you!

www.ndti.org.uk

@ndtirob

ndti.org.uk

people lives communities the care act and its implications for colleges jude wells october 2014

Documents

communities care act

care costs

significant reform of

introduction of care

draft care support bill

young people

communities principles

communities background