The Social Services and Wellbeing Act (Wales) 2014 Introduction and Awareness David McManus, Claire Holt, Hannah Thomas Social Care Workforce Development Bridgend County Borough Council

Introduction to the Social Services and Well-being (Wales) Act Mark Drakeford

The Time Table

Regulations Passed Through Scrutiny The National Independent Safeguarding Board (Wales) Regulations 2015, made under Part 7 of the Act, came into force on 1 October The following regulations have completed their National Assembly scrutiny and will come into force on 6 April 2016: Part 2 General Functions The Care and Support (Population Assessments) (Wales) Regulations 2015 The Care and Support (Partnership Arrangements for Population Assessments) (Wales) Regulations 2015 The Social Services and Well-being (Wales) Act 2014 (Social Enterprise, Co-operatives and Third Sector) (Wales) Regulations 2015 Part 3 Assessing the Need of Individuals The Care and Support (Assessment) (Wales) Regulations 2015 Part 4 Meeting Needs The Care and Support (Eligibility) (Wales) Regulations 2015 The Care and Support (Care Planning) (Wales) Regulations 2015 Part 7 Safeguarding The Adult Protection and Support Orders (Authorised Officer) (Wales) Regulations 2015 The Safeguarding Boards (Functions and Procedures) (Wales) Regulations 2015 The Safeguarding Boards (General) (Wales) Regulations 2015

Regulations Passed Through Scrutiny Part 4 Meeting Needs Direct Payments Part 5 Charging and Financial Assessment Financial Assessment Charging Review of Charging Decisions and Determinations Deferred Payments Choice of Accommodation Part 6 Looked After and Accommodated Children Care Planning, Placement and Case Review Care Leavers Visits to Children in Detention Secure Accommodation Part 9 Cooperation and Partnership Partnership Arrangements

Statements from the Welsh Government Ministerial Statements - Outcomes Framework – Sept Code of practice in relation to measuring social services performance – June 2015 This code of practice sets out a framework for measuring the progress that local authorities make against the duties under the Act. This code of practice covers: *Measuring Wellbeing *Measuring performance by: - Quality standards for local authorities - high level standards e.g. ‘Have in place suitable arrangements for assessing and determining need and eligibility’. - Measuring the quality standards – self reporting significant as well as hard data P.I’s - Children and Young People - Statement in relation children – June 2015 Explains how the Act supports children in each of its sections

In 2011 the Law Commission proposed that the many confusing and conflicting social care statutes be repealed and be replaced by a single Act. Included in the Commission’s recommendations were: putting the individual’s wellbeing at the heart of decision-making, using new statutory principles giving carers new legal rights to services placing duties on councils and the NHS to work together building a single, streamlined assessment and eligibility framework protecting service users from abuse and neglect with a new legal framework, and for the first time, giving adult safeguarding boards a statutory footing. The Development of the Act

The principles of The Act in Wales also have their origin in the Welsh Government’s strategic documents: The Act gives effect to the policy set out in the Welsh Government’s White Paper, Sustainable Social Services for Wales: A Framework for Action (2011) Strategy for Social Services (2007), Fulfilled Lives, Supportive Communities ese.pdf?lang=enhttp://gov.wales/dhss/publications/socialcare/strategies/fulfilledlives/fulfilledliv ese.pdf?lang=en Aim of the Act –Engage with and empower citizens –Promote independence and well-being –Give people who receive support and their carers control over their lives and the support they receive to maximise independence The Development of the Act

General Functions Part 2 Assessing the needs of individuals Part 3 Meeting Needs Part 4 Charging and Financial Assessment Part 5 Safeguarding Part 7 Social Services Functions Part 8 Co-operation and Partnership Part 9 Complaints, representations and advocacy services Part 10 Miscellaneous and General Part 11 Introduction Part 1 Looked after and accommodated children Part 6 OUTCOMES Parts Voice & control Prevention & early Intervention Well-being Co-production Multi agency Adults Children Carers PrinciplesPeople

New duties of the Act –Prioritise improved well-being of citizens and greater access to support –Work across service boundaries in partnership –Provide Adults at Risk with legal protection –Reduce bureaucratic systems in respect of assessment The Development of the Act

Legislation to be repealed –The Carers (Recognition and Services) Act 1995 –The Carers and Disabled Children Act 2000 –The Carers (Equal Opportunities) Act 2004 –The Carers Strategies (Wales) Measure 2010 –National Assistance Act 1948 –Health Services & Public Health Act 1968 –Chronically Sick and Disabled Persons Act 1970 –Health & Social Services & Social Security Adjudications Act 1983 –Disabled Persons (Services, Consultation and Representation) Act 1986 –NHS & Community Care Act 1990 –Health & Social Care Act 2001 (DPs) –Part 3 of the Children Act 1989 ( LA support for children and families) The Development of the Act

Legislation to remain: Mental Health Act (1983 and amended 2007) Mental Capacity Act and DoLS (2005 and 2007) Part 5 Children’s Act (1989) Child Protection The Development of the Act

Wellbeing is about quality of life! Sarah Rochira Older People's Commissioner for Wales has said: “Older people have told me that quality of life comes from a life that has value, meaning and purpose, a life in which they feel safe and are listened to, valued and respected. It comes from a life where older people are able to get the help they need, when they need it and in the way they want it. It comes from a life where they are able to live in a place which suits them and their lives, and are able to do the things that matter to them”. Embedding the Wellbeing of Older People in Wales’ Future 4th March 2015

Physical and mental health and emotional well-being Protection from abuse and neglect Education, training and recreation Domestic, Family and Personal relationships Contribution made to society Securing rights and entitlements Social and economic well-being Suitability of living accommodation And also for a child… Physical, intellectual, emotional, social and behavioural development ‘welfare’ – as interpreted for the purposes of the Children Act 1989 And also for an Adult…. Control over day to day life Participation in work Well-being Outcomes For Discussion What impact will the definition of well-being have upon practice? For Discussion What impact will the definition of well-being have upon practice?

Meaning of adult, child, carer and disabled Adult – means a person who is aged 18 or over Child – means a person who is aged under 18 Carer – means a person who provides or intends to provide care for an adult or disabled child A person is disabled if the person has a disability for the purposes of the Equality Act 2010 Part 1 - Introduction

Overarching duties – General duty to promote the well-being of people in need and carers Well-being outcomes – To be defined by Welsh ministers by a statement of outcomes and a code Local arrangements – Emphasis on preventative services and promoting co-production Part 2 - General Functions

The underlying approach of this part of the Act is for adults and children to be assessed for care and support and for carers to be assessed for support The aim is to simplify the assessment process Where appropriate, assessments for a carer and a cared for person can be combined Part 3 – Assessing the Needs of Individuals

‘This guidance requires health and local government in Wales, working with their communities and third sector partners, to ensure they have integrated well- being, assessment, care and support planning and review arrangements specifically to support the broader integration of care.’ Published at: English - e1/assessment1/?skip=1&lang=en e1/assessment1/?skip=1&lang=en Welsh - e1/assessment1/?skip=1&lang=cy e1/assessment1/?skip=1&lang=cy Integrated Assessment Framework for Adults

The underlying approach of this part of the Act is for adults and children to be assessed for care and support and for carers to be assessed for support The aim is to simplify the assessment process Where appropriate, assessments for a carer and a cared for person can be combined Part 3 – Assessing the Needs of Individuals

Assessment for living, not assessment for services. 02 All assessments must look at: what you want in life what may stop you having the life you want your circumstances things you can do for yourself any risks. It is helpful to think: what things you can still do for yourself what things you miss doing what things you would like to keep doing or start doing again what help would make a difference. All assessments will be based on a conversation in which these aspects are explored together, as a result of which agreements are reached about what could be done to support people to achieve things that are important to themselves.

Responding to identified needs The Act will set out an eligibility framework creating an enforceable right for the individual A care and support plan must identify the personal outcomes and set out the best way to achieve them There will be a continuation of direct payments plus extended availability to other forms of care and support Part 4 – Meeting Needs

Eligibility for care & support – proposed guidance Assess and have regard to the person’s circumstances Have regard to their personal outcomes Obstacles/barriers Risks to the person or others if outcomes not achieved Assess and have regard to a person’s strengths and capabilities (Alternative solutions?) If there is no other way to meeting needs identified through this process, other than through a care and support plan, then a person is eligible. Safeguarding ELIGIBLE to receive managed care

Identifies the circumstances in which a local authority may charge for providing or arranging care and/or support for individuals When a local authority may charge for preventative services and the provision of assistance How the charges can be set, paid and enforced Part 5 – Charging and Financial Assessments

Part 6 – Looked After and Accommodated Children Section 74: definition of “looked after” Section 75: ensuring sufficient local placements for looked after children. Section 77: accommodation for children in police protection or detention or on remand Section 78: principal duty of a local authority in relation to looked after children. Section 83 and 84: requires that every looked after child has care and support plan.

Part 6 – Looked After and Accommodated Children Leaving Care: arrangements for children and young people leaving care including the pathway planning process to begin when a child is about to reach 16 years. New duty to facilitate post 18 living arrangements for care leavers aged 18 and above who with to continue living with their foster carers. 'When I am ready''When I am ready' Secure accommodation (section 119)

Part 7 Safeguarding Statutory framework to protect adults at risk Duty to report children and adults at risk is introduced for relevant partners Adult Protection and Support Order – gives power of entry National Independent Safeguarding Board and regional Safeguarding Children and Safeguarding Adults Boards. (Section 132 /134) Western Bay Safeguarding Boards Western Bay Safeguarding Boards BCBC Safeguarding Policy Safeguarding Policy Children Young People and Adults

Specifies the social services functions of local authorities Welsh Ministers to issue and revise codes on the exercise of social services functions Provides grounds for intervention by Welsh Ministers in the exercise of social services function, where a local authority is failing Part 8 – Social Services Function

Co-operation Requires the local authority to promote co-operation with relevant partners and others Imposes a duty on relevant partners to co-operate with and provide information to local authorities on their function Promotes integration of care and support with health services Partnership arrangements Partnership arrangements to be prescribed through regulations both between local authorities and between local authorities and local health boards Adoption Empowers Welsh Ministers to direct local authorities to enter into joint arrangements for the provision of an adoption service Western Bay Adoption Service Part 9 – Co-operation and Partnership

Complaints and representations about Social Services Complaints about private social care and palliative care A recognition of the benefits of advocacy– requirement on Local Authorities to secure advocacy support for children, adults and carers. Part 10 – Complaints, Representation and Advocacy Services

Miscellaneous –Research and provision of information –Individuals in prison, youth detention accommodation or bail –Provider failure Supplementary –Recovery of costs between local authorities –Ordinary residence General –Orders and regulations –General interpretation Part 11 – Miscellaneous and General

Part 11 – The Secure Estate Local Authorities will be responsible for assessing and meeting the ‘care and support’ needs of all adults and children in the secure estate not just upon discharge but whilst they are in custody. Exemptions: A prisoner cannot be a carer – section 187 (1) A prisoner cannot receive direct payments - section 187 (2) A prisoner cannot express preference for accommodation - section 187 (3) A prisoner cannot have their property protected.

Health Independent Sector Voluntary Sector Other local authority services e.g. Education, Housing + related benefits, Libraries, Leisure Impact on Partner Organisations

The role of Community & Neighbourhood Organisations seek actively to involve people who might be excluded by ill-health, disability, frailty or lack of confidence encourage them to be as active as possible and to take on responsibilities give sound healthy-living and safeguarding advice organise activities which will foster good health and wellbeing provide Information, Advice and Assistance (IAA) which will help people keep as well, active, involved and independent as possible refer on to social services where their different skills or capacity may be needed, but not create an expectation that particular services will be provided rather that enough will be done to enable them to achieve continued well-being enable them to achieve continued well-being be alert to any signs of safeguarding concerns or doubts about mental capacity, explore those and, where indicated, refer on to social services. (re-produced from Creating Change: An E-Resource Guide to the changes required by the Act SSIA)

Impact on day-to-day work

The cultural shift towards minimum appropriate intervention: ‘only do what only you can do’ Less emphasis on prescribed ways of doing things Intervening earlier in the lives of people and promoting preventative strategies Helping people to achieve desired outcomes, rather than assessing suitability for services Impact on day-to-day work

The person exercising function under this Act must: –In so far as reasonably practicable, ascertain and have regard to the individual’s views, wishes and feelings –Have regard to the importance of promoting and respecting the dignity of the individual –Have regard to the characteristics, culture and beliefs of the individual (including language) –Have regard to the importance of providing appropriate support to enable the individual to participate in decisions that affect him or her to the extent that is appropriate in the circumstances particularly where the individual’s ability to communicate is limited for any reason Impact on day-to-day work

Professionals will ask ‘what sort of life I would like and what needs to change to make this happen’ Preventative services are available to help me avoid managed services I will be able to watch over my own decisions, I will take responsibility and share the risk Success would be achievement of what matters most to me and is measured over time Impact for individuals

Thank you – an certificate of attendance will be ed to you. Please complete your evaluation form – we value your feedback This presentation will be made available on the Social Care Workforce Development website Getting in on the Act

Care Council Information Hub on-the-act-hub/ Social Care Workforce Development Team age/view.php?id=1133 Welsh Government e/act/?lang=en Direct link to the Act 4/4/contents