Supporting carers and delivering upon new duties in the Social Services and Well- being (Wales) Act 2014 A training resource

Introduction “ 98% of social support is provided free of charge by unpaid family carers It should follow from this that, instead of carers seeking to talk to local authorities, local authorities should be trying to talk to us to work out how we are going to sustainably meet the support requirements of the current and future population ” Carer

Carers in Wales There were more than 370,000 carers in Wales at the last census in This figure will now be much higher Carers contribute 96% of care in the community in Wales, a contribution worth £8.1 billion every year Wales has highest proportion of older carers and the highest proportion of young carers in the UK

Social Services and Well-being (Wales) Act 2014 The Social Services and Well-being (Wales) Act 2014 came into force in April 2016 and is intended to transform the way social services are delivered The Act includes significant changes for carers including new rights and new duties on local authorities

Repeals The Act repeals the majority of existing community care legislation including: 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

Social Services and Well-being (Wales) Act 2014 New definition of a carer The new Act provides a new definition of a carer as “a person who provides or intends to provide care for an adult or disabled child” This removes the requirement that carers must be providing “a substantial amount of care on a regular basis”

Duty to support carers If a local authority determines that a carer’s needs meet the eligibility criteria then the authority must: consider what could be done to meet those needs consider whether it would impose a charge for doing those things, and if so, determine the amount of that charge

Part 2 “Carers should be offered information as soon as they start caring; from hospitals, GPs and social workers. They should be aware of their options and rights, to enable them to continue to care for their loved ones at home” Carer

Part 2 : General Functions Covers: Well-being and overarching duties Population assessments Preventative services Social enterprises Provision of information, advice and assistance Register of sight-impaired, hearing impaired and other disabled people

Part 2 : Well-being and overarching duties Staff must Promote the well-being of people who need care and support and carers who need support Seek out the person’s wishes and feelings Respect their dignity Take into account their culture, beliefs and other characteristics

Part 2 : Well-being and outcomes Meaning of well-being Physical, mental, emotional well-being Protection from abuse and neglect Education, training, recreation Domestic, family and personal relationships Contribution made to society

Part 2 : Well-being and outcomes Meaning of well-being Securing rights and entitlements Social and economic well-being and suitability of living accommodation For adults, it also includes control over day to day life and participation in work For a child, it includes physical, intellectual, emotional, social and behavioural development and welfare

Part 2 : Population assessments New duty on local authorities and local health boards to assess the need for care and support in their area including carers Local authorities and local health boards must produce an evidence base outlining carers’ needs including range and level of services required to meet need Must then publish a population plan for carers and report to the Minister

Part 2 : Preventative services Duty to provide a range of preventative services The range and level of preventative services must seek to promote the well-being of people who need care and support and carers who need support

Part 2 : Social enterprises, co-operatives and the third sector Duty to promote social enterprises, co-operatives and the third sector Local authorities must take a proactive approach to plan and deliver models that will meet the well-being needs of all people including carers Intended to grow the range of not-for-profit models in the social care sector, in particular local user-led organisations

Part 3 “I get three days of day centre but I can only get mam there once a week” “All we want is regular visits from care workers and our morning call to be at 8am instead of 6.40am” Carer

Common Principles of Assessment The common principles for assessment include: That the role played by unpaid carers, parents, partners and other family members in an individual’s care and support is recognised, and these are appropriately supported and recorded

The Duty to Assess (Carers) A local authority must offer an assessment to: Any carer where it appears to the authority that the carer may have needs for support This is an important change, as previously a carer could only request an assessment

The Duty to Assess (Carers) The duty is triggered if it appears to the local authority that a carer may have needs for support The duty to assess applies regardless of the authority’s view of the level of support the carer needs or the financial resources he or she has or the financial resources of the person needing care

The Duty to Assess (Carers) An assessment of a carer must include: The extent to which the carer is able and willing to provide the care and to continue to provide the care The outcomes the carer wishes to achieve The local authority must involve the carer and where feasible the person for whom the carer provides or intends to provide care in the assessment

The Duty to Assess (Carers) An assessment of a carer must also have regard to: Whether the carer wishes to work and whether they are participating or wish to participate in education, training, or leisure activities An individual must feel that they are an equal partner in their relationship with professionals

Combining Assessments A local authority may combine a person’s needs assessment with the needs assessment of his or her carer if it considers it would be beneficial to do so… However, the local authority may only do so if valid consent is given

Part 4 “One of the hardest things for parent-carers on top of the obvious difficulties of caring for a child with disabilities is not having their own identity or meeting their own needs. We always come bottom of the list. Carers support services meet these needs” Carer

Part 4 Covers: Eligibility Care and support planning (including reviews, overlapping duties, portability) Direct payments

Part 4 – Meeting Needs A carer has an enforceable right to support from the local authority where a carer meets the eligibility criteria The authority then has a legal duty to arrange support via a support plan

Part 4 – Eligibility criteria A local authority must carry out an assessment if it appears that a carer has a need for support The determination of eligibility flows from the assessment process Due regard must be paid to a carers’ well-being and the personal outcomes they wish to achieve

Part 4 – Eligibility criteria A carer’s needs meet eligibility criteria for support if: a) the need arises as a result of providing care for either an adult or child b) the carer cannot meet the need whether i) alone ii) with the support of others who are willing to provide that support, or iii) with the assistance of services in the community to which the carer has access, and c) the carer is unlikely to achieve one or more of their personal outcomes which relate to the specified outcomes in Part 3 of the Act

Part 4 – Eligibility criteria It is important to separate the needs of a carer from those of the person they care for. Therefore, when assessing the eligibility of an individual with care and support needs, the local authority must discuss with the carer (take into account and record) what care they are able and willing to provide

Part 4 – Support plans for carers The local authority has a duty to prepare and keep under review a support plan for a carer who has been assessed as having eligible needs The local authority can meet the carer’s support needs by providing care and support in a plan for the person they care for There must be a named individual to co-ordinate, prepare, review and deliver the plan

Part 4 – Direct Payments Direct payments must be seen as an integral part of the care planning process and no longer viewed as a secondary consideration to meet a carer’s needs for support A local authority must provide appropriate information and support to enable a carer to decide whether they wish to receive a direct payment for any support to which they are deemed to have an eligible need

Part 4 – Direct Payments Direct payments give the carer eligible for support the autonomy to determine exactly the services that are right for them The local authority must make direct payments available where a carer expresses a wish to receive them and where they enable a carer to achieve their personal outcomes and meet their eligible support needs

Part 5 “Paying for additional care is expensive and has reduced my ability to finance my own old age, whatever my health” Carer

Part 4 and 5 Charging and Financial Assessment Existing service users will be charged under existing arrangements until care plans are reviewed or updated Local authorities can not charge : a parent or guardian for care and support that their child receives under Part 4 of the Act for support to a child who is a carer (under 18 years of age)

Charging for support to adult carers Where an adult carer (18+) has eligible support needs, the local authority has a duty, or in some cases a power, to arrange support to meet their needs A local authority must not charge an adult carer for care and support provided directly to the person for whom they care In addition, local authorities are not required to charge an adult carer for support and in many cases it would be a false economy to do so

Charging for support to adult carers Local authorities must consider the likely impact of any charges, particularly their willingness and ability to continue their caring responsibilities Local authorities must ensure that any charges do not negatively impact on a carer's ability to look after their own health and well-being and to care effectively and safely In considering whether to charge or seek a contribution, local authorities must consider the level of the charge it proposes and the impact this will have on the carer's ability to undertake their caring role

Part 10 “I feel like I can’t complain” Carer

Part 10 – Complaints, Representations and Advocacy Services Part 10 Complaints and advocacy is as relevant to carers as the people they care for Current complaints procedures apply – local resolution, formal investigation, Ombudsman for Wales There is nothing in the new Act to allow for appeals should a person be dissatisfied with the outcome of the complaint

Summary “How are we going to ensure that carers are being reached and supported in the community? Without proper systems in place to support carers many are left isolated and alone” Carer

Summary The Act includes significant changes for carers including new rights and duties on local authorities A new broader definition of a carer A duty to offer carers their own needs assessment A legal duty to meet the eligible needs of carers following assessment

Summary Carers are at the heart of the new Act, providing a significant opportunity to support them as full partners Carers contribute 96% of care in the community in Wales, looking after their well-being will be vital to delivering sustainable social services

Supporting carers and delivering upon new duties in the Social Services and Well- being (Wales) Act 2014 A training resource THANK YOU