Changing the approach of social care and local authorities towards whole community wellbeing THE CARE ACT

BIGGEST CHANGE IN LOCAL AUTHORITY WELFARE RESPONSIBILITIES SINCE 1948 Lays out adult social care responsibilities BUT Local Auth-wide Different sections of the Act are designed to work together Overlap with Children and Families, including transitions Partnerships and integration: A new statutory requirement to collaborate and cooperate with other public authorities, inc. duty to promote integration with NHS and other services An emphasis on the self-determination and rights to control of citizens rather than rights to welfare, but does clarify may entitlements

THE AIMS OF THE CARE ACT Treat all as adults and citizens irrespective of disability ( UN Convention on the Rights of People with Disabilities) Earlier intervention to prevent things getting worse Better information for all, from any agency Joined up help across departments and agencies Family and friends more involved, better supported and informed People more involved in own assessment and care plan, more in control Clearer, portable eligibility criteria Right to an advocate if don’t understand the system and process More choice of provider in more developed market Statutory footing for adult safeguarding Contribution to care costs are capped ( from 2016)

THE CARE ACT 2014 REPLACES OR AMENDS 26 PREVIOUS LAWS AND STATUTORY REGS INC: … 1970… … 2000… 2010… National Assistance Act 1948 NHS and Community Care Act 1990 Carers (Recognition and Services) Act 1995 Chronically Sick and Disabled Person Act 1970 Community Care (Direct Payments) Act 1996

THE FRAMEWORK OF THE ACT AND ITS STATUTORY GUIDANCE 5 Assessment and eligibility (For people needing services AND Carers) Charging and financial assessment Care and support planning Personal budgets and direct payments Review Key processes Prevention Integration, partnerships and transitions Information, advice and advocacy Diversity of provision and market oversight Safeguarding General responsibilities and key duties Wellbeing Underpinning principle

WELLBEING PRINCIPLE “Wellbeing” is broad, relates to whole local authority’s actions towards its citizens and covers the following areas in particular: -personal dignity and respect; -physical and mental health and emotional wellbeing; -protection from abuse and neglect; -control over day-to-day life (including over care and support); -participation in work, education, training or recreation; -social and economic wellbeing; -domestic, family and personal relationships; -suitability of living accommodation; -contribution to society

ASSESSMENT: A FEW KEY ELEMENTS AND PRINCIPLES……. Emphasis on wellbeing of all who approach LA and partners for help - including those not eligible - rather than what services are provided by what particular agency Assessments can be ‘proportionate’ Assessments must be person-centred, involving the individual and any carer that the adult has, or any other person they might want involved. Fair Access to Care Services (FACS) replaced by a national eligibility threshold

ASSESSMENT: A FEW KEY ELEMENTS AND PRINCIPLES……. The authority must find out whether person wishes to co- produce the assessment. Assessments must consider both how the adult or their support network or the wider community can contribute towards meeting the outcomes they want to achieve, and impact of their needs on support networks. A shift of practice and ethos New capabilities required More time needed for full assessments

OTHER KEY CHANGES Carers have same right to assessment and wider definition of carers Right to personal budget if eligible – person or carer New statutory framework for adult safeguarding Right to advocacy if difficulty engaging with social care process – capacity assessments have raised importance but advocacy rights go beyond lack of capacity

OTHER KEY CHANGES Duty to assess young people and their carers in advance of transition from children’s to adult services, where likely to need care and support as an adult A cap on care expenditure from April 2016 (individual care accounts) Three changes to s117 Responsible authority - ord res before admission Right to contribute £ to have choice of accommodation S117 entitlements only relate to MH related needs

Costs are capped There is a cap on expenditure on eligible care from April 2016 Every year the local authority Reviews your care needs and financial situation Keeps a record, from April 2016, called a care account, of how much eligible care you have needed in total How much you might pay for your care and support depends on your financial situation You have a financial assessment to see what you have to pay If you have care and support needs, you could be supported by… Assessment of the care and support you need, and eligibility for state support Information and advice on local services and how much they cost Reablement, rehabilitation and other free services HOW WILL PEOPLE EXPERIENCE THE NEW SYSTEM IN 2016/17? Support from family, networks community…

Insite Care Act tab on front page Directorate Care Act Leads identified Stocktake of training needs in March Each Directorate to hold at least one workshop Ask for help with the above tr.nhs.uk

THE AIMS OF THE CARE ACT - RECAP Treat all as adults and citizens irrespective of disability ( UN Convention on the Rights of People with Disabilities) Earlier intervention to prevent things getting worse Better information for all, from any agency Joined up help across departments and agencies Family and friends more involved, better supported and informed People more involved in own assessment and care plan, more in control Clearer, portable eligibility criteria Right to an advocate if don’t understand the system and process More choice of provider in more developed market Statutory footing for adult safeguarding Contribution to care costs are capped ( from 2016)

WORKSHOP What are we doing already doing that fits with the Care Act? What key thing/s we need to change to meet the new expectations? What is our/your key leadership or practice challenge in respect of this aspect of the Care Act?