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Presented by: Susan Clayton
on behalf of TCR Training Ltd
Where is legislation taking moving and
handling practice in Health and Social
Care?
What are the implications for
practitioners following on from the
Carers Support Bill and associated
legislation and professional
guidance?
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Extensive inquiry into failings at MidStaffordshire NHS Foundation Trust.
Resulted in 290 recommendations with major
implications for all levels of the health
services across England, which the
Government undertook to fully implement
204.
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From April 2014, all hospitals will publish staffing levels on a
ward by ward basis.
5000 patient safety fellows will be trained and appointed by
NHS England within 5 years, to be champions, experts and
leaders and motivators in patient safety.
A new CRIMINAL OFFENCE for wilful neglect, holding
organisations, and staff responsible for the very worst failures
in care are held accountable.
A new Care Certificate to ensure that Health Care Assistants
and Social Care Support workers have the fundamental
training and skills needed to provide personal care to patients
and service users.
(NHS Employers –The Francis Inquiry)
Camilla Cavendish was commissioned to carry out
an independent review into health care assistants
and support workers in the NHS and Social Care
following the Francis Inquiry and failings reported at
Winterbourne View.
The recommendations are grouped into four key
themes:
 Recruitment, training and education
 Making caring a career
 Getting the best out of people: leadership,
supervision and support.
 Time to care
The Rights, Choices,
Health and
Wellbeing of the
Service User
The Rights, Choices,
Health and Wellbeing
of the Worker
“For the first time, carers will be recognised in the law in
the same way as those they care for”.
Department of Health
The eligibility framework at the
moment is set out in guidance,
There are different tests for different
types of care and support,
Which can be confusing and arbitrary.
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Creates a single duty for Local Authorities (LA) to
undertake a ‘carers’ assessment’.
The assessment is to consider the impact of caring
on the carer, and determine what support needs
may be required.
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The LA should have a duty to determine whether
the adult needs for care and support are eligible.
This duty would have a similar effect to section
47(1)(b) of the NHS and Community Care Act 1990,
but would be the sole means an individuals
eligibility for care and support is determined.
The objectives of the new statute is to establish an individuals’
legal entitlement to care and support.
Will be facilitated by the LA at two levels.
1. To establish entitlement to ‘universal services’ – services
the LA is under a duty to provide to local people regardless of
NEED.
2. To determine specific entitlement
to care and support for people who
have eligible needs, determined by
an assessment regardless of their
financial resources.
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On completion of an eligibility assessment
the LA must determine what the support
needs are ‘eligible’ for support.
This could be interpreted: A duty of care to
ensure an adequate level of competence and
appropriate skills from the carer to undertake
moving and handling tasks, would need to be
considered.
‘The concept of personalisation has shifted
the emphasis in public policy from a service led
approach to one which means recognising
people as individuals who have strengths and
preferences and putting them at the heart
of their own care and support’
(Social Care Institute for Excellence, (SCIE) 2010).
There are an estimated 420,000 PA jobs for recipients of direct payments
Personal Assistants
23%
Private and Voluntary
65%
Local Authority 9%
Other 3%
the demand for
PAs is predicted to grow, largely
as a result of Britain’s ageing
population
(Skills for Care
2012, State of Adult Social Care report)
Identify
Needs and
Eligibility
Self
Directed
Support
Personal
Budgets
Eligibility assessments for Direct Employers will need
to meet statutory health and safety and employment
laws
What does the Law
state?
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Employers must provide:
sufficient information, instruction,
training and adequate work supervision to
ENSURE employee’s health & safety at
work
EDUCATION
AND
TRAINING
It is the first time ever that a single
organisation has had responsibility for all NHS
staff education, recruitment, training and
development to help NHS staff improve their
ability to care for patients.
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Local education and training boards (LETBs)
are part of the new education and training
architecture.
LETBs bring education, training and
development together locally, to improve the
quality of care and treatment of patients
through the development of skills and values
for staff.
(NHS Health Education England)
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Accountability.
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Quality Assurance and Improvement.
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Outcomes
ANY QUESTIONS?
ANY THOUGHTS?
ANY FEELINGS?
TCR Training Ltd
309a High Road, Loughton,
Essex, IG10 1AH
Phone: 020 8502 1970
Email: tcr@tcrtraining.co.uk
www.tcrtraining.co.uk
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Health Education England. hee.nhs.uk/2013/05/28/new-education-andtraining-measures-to-improve-patient-care/(accessed 06.11.13)
Health & Safety at Work Act (1974). www.legislation.gov.uk (accessed
03.11.2013)
NHS Employers. The Francis Inquiry. www.nhsemployers.org/The-FrancisInquiry/Pages/Francis.aspx (accessed 02.12.2013)
NHS Employers.
employersnhsemployers.org/PlanningYourWorkforce/educationandtraining/L
ETBs/Pages/LETBs.aspx (accessed 06.11.13)
SCIE (2010), ‘Personalisation. A rough guide’, by Sarah Carr, Social Care
Institute for Excellence
Skills for Care (Oct 2012) The state of the adult social care sector and
workforce in England, 2012.
The Cavendish Review
www.gov.uk/government/uploads/system/uploads/attachment_data/file/23
6212/Cavendish_Review.pdf (accessed 2.12.2013)