THE CARE ACT 2014 Liz Greer North East ADASS Care Act Programme Manager

‘Universal duties’ on Councils Well-being -a general duty to promote an individual’s well-being EVERY TIME a Council exercises ‘any function ‘under the Care Act with any judgement about eligibility for help centred on impact on well-being Prevention- a general duty to provide facilities, services or resources which prevent, reduce or delay the development of care and support needs by adults and carers in its area, irrespective of eligibility for care and support 2

Core assumptions Central assumption is that each individual is best-placed to judge well-being for themselves Well-being is therefore not defined –though hints are provided in the statutory guidance... No ‘hierarchy’ of need Personalisation is achieved through personal budgets and direct payments - individual commissions own care 3

Risks & challenges Absence of definition –postcode lottery remains? End of ‘needs vs wants’ as means of rationing Paternalism – do Elected Members really know what's best for communities? Professionalism – role of professionals in this new environment- enablers? Delegation to third parties – opportunities ? Impact of personalisation and DPs on traditional service models Consumerism – who is the customer? 4

Risks & challenges-direct payments 5

Austerity & cuts 6 Slide copyright Luke Clements

Carers and the Care Act ‘Big winners’ Substantially lower threshold for assessment and care and support-lower even than service users Can get help even if cared-for person not eligible Usually no charge or financial assessment Personal budgets & direct payments 7

The shape of things to come... Commissioning for well-being outcomes Shaping and growing markets to deliver personalised, outcome based care and support with sufficiency & diversity to meet new/different demand Signalling future commissioning intentions based on sound intelligence about local needs – priority must be carers Enabling brokerage & micro commissioning through DPs and ISFs 8

The shape of things to come... Synergy between the Care Act and the Five Year Forward View and commitment to prevention Individual Health Budgets Recognition by Public Health of the broader determinants of health and wellbeing eg housing, poverty, social isolation 9

So the Act is just about social care then? No. Under the Act, relevant partners must cooperate generally and specifically in performing care and support functions Where a request for co-operation is made, the partner must co-operate as requested 10

Duty to co-operate applies to... Directors of Children’s Services, Housing and Public Health Benefits, Employment & Training Agencies Probation Services NHS bodies specified as NHS England, CCGs, NHS and Foundation provider Trusts And potentially- NHS primary care, independent Hospitals, independent care providers, private providers of social housing, CQC and other regulators 11