Page 1 Introduction and overview workbook 1. How to use this workbook This work book forms part of the suite of learning materials that have been developed to support the implementation of part one of the Care Act 2014. These materials summarise and explain the ‘Care and Support Statutory Guidance’ (October 2014) [“the guidance”] and are designed to help those involved in care and support services to understand and implement the Act. The suite of learning materials contains workbooks, PowerPoint presentations and other material for each of the following topic areas: 1. Introduction and overview 2. Information and advice 3. First contact and identifying needs, including assessment and eligibility, and independent advocacy 4. Charging and financial assessment, including deferred payment agreements 5. Person centred care and support planning, including personal budgets, direct payments and review 6. Transition to adulthood 7. Integration, cooperation and partnerships This workbook is an introduction to, and an overview of, part one of the Care Act 2014 and its statutory guidance. It has been written for learning facilitators and includes exercises, suggested group discussions, points of reflection and scenarios that facilitators can use either in their entirety or to pick and choose from as they see fit when designing a learning programme based on the PowerPoint presentation. The workbooks can also be used by individuals who wish to learn more about this topic area. You can watch the presentation, read the notes below, and undertake the exercises at a pace and time to suit you. As well as this workbook and PowerPoint presentation, there are also handouts and a fact sheet on this topic area. Handouts provide easy to print resources that summarise key factual information from the guidance. The implementation of the Act requires whole systems change and underpinning this is a need for cultural change. These learning materials alone will not affect such change, but they are one tool that can be used to support people along the journey. In many instances, implementing the Act successfully will require those involved in the care and support system to change the way they work i.e. behaviour change. Page 2 Research suggests that the way people behave is influenced by their knowledge, skills and attitudes: Knowledge Skills Behaviour Attitudes The PowerPoint presentation and handouts are designed to increase knowledge about the Act or guidance. The questions and exercises in the workbook are designed to spark conversations that encourage people to reflect on their own attitudes and the attitudes of others. They aim to give learners the opportunity to discuss the complexities of implementing the changes in practice, and/or provide a safe way of challenging attitudes that go against good practice. The exercises are designed to provide an opportunity for people to analyse and practice their skills. Key learning point These are used in the workbook as a way of highlighting changes that are likely to have a significant impact on practice i.e. the major changes that the Act brings in. The facilitators’ hints and tips in the workbook signpost facilitators to existing good practice resources on this topic area and/or highlight key changes that are likely to have the most significant impact on practice. The aim is to help facilitators to design interactive learning programmes that are appropriate for their audience. Page 3 Facilitator’s hints and tips To successfully facilitate this module we suggest that you need to: have read the relevant sections of the Act, regulations and guidance have a good understanding of best practice in this topic area remember that there are various modules available and you need to choose the most suitable ones for your learning programme also remember that you can pick and mix questions, exercises and case studies from this workbook or from other topic areas design your training session in a way that accounts for the learning pyramid so as to maximize the experience and learning outcomes for your participants. Average retention rates Lecture 5% Reading 10% Passive teaching methods Audio visual 20% Demonstration 30% Discussion 50% Participatory teaching methods Practice by doing 75% Teach others 90% Source: Adapted from National Training Laboratories, Bethel, Maine Page 4 2. Who is it for? This workbook is a short summary of part one of the Care Act 2014 and its statutory guidance. It is intended to be used to develop learning programmes for: adult social care as well as wider elements of local authorities such as children’s services, housing and public health health and other local authority partner organisations such as learning and education providers social care provider and support organisations in all sectors those involved in the governance of these organisations and people who work, care, support and volunteer in them professionals and practitioners. 3. Contents This workbook starts by identifying key words relevant to this topic area. It then contains the following sections that match the slides in the PowerPoint presentation: Introduction and background What is the Act trying to achieve? The framework of the Act The wellbeing principle General responsibilities New duties Changes to assessment, eligibility, and care and support planning processes What might this mean for people needing care and support? What might this mean for local authorities and partner organisations? Summary Appendices: links to key resources; handouts 4. Key words The suite of learning materials contains a glossary of key words used in the statutory guidance. The following key words, which are defined in the glossary, are relevant to this topic area: advice, advocacy, appearance of needs, assessment, care account, care and support plan, care cap, care market, care provider, commissioning, direct payment, duty, eligible needs, financial assessment, information, integration, personal budget, preventative, provider, rights, safeguarding, signposting, substantial difficulty, support plan, transition, wellbeing. Page 5 5. Introduction and background Slide 1 Notes 1. This work book forms part of the suite of learning materials that have been developed to support the implementation of part one of the Care Act 2014. These materials summarise and explain the statutory guidance and are designed to help those involved in care and support services to understand and implement the Act. Slide 2 Notes 1. This presentation is a short summary of part one of the Care Act 2014 and its statutory guidance. It is intended for: adult social care and wider elements of local authorities, NHS organisations, learning and education providers, and other local authority partner organisations as well as social care provider and support organisations in all sectors Page 6 those involved in the governance of these organisations and people who work, care, support and volunteer in them. 2. The aim of the presentation is to help you understand the basic framework of the Act and what it’s intended to deliver, and to help you reflect on its implications for you and your organisation. Slide 3 Slide 4 Notes 1. The Care Act received Royal Assent on the 14 of May 2014. The Act is in three parts: this presentation covers the main reforms of Part 1 of the Act. Part 1 of the Act consolidates and modernises the framework of social care law for adults in England, it brings in new duties for local authorities and new rights for social care service users and carers. Page 7 2. The majority of changes and consolidation of law takes place from April 2015 in phase one of the implementation. Phase two is concerned with the major reforms to the way that social care is funded, including the care cap and the care account, which will not come into operation until April 2016 (more on this on slide 17). 3. Note that parts 2 and 3 of the Act deal with recommendations from the Francis report (Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry), quality failure in health care providers and setting up a new performance rating system for health and care providers as well as establishing Health Education England and the Health Research Authority. Slide 5 The Care Act 2014 replaces many previous laws Notes 1. The Act is both a reforming piece of legislation (it changes the law) and a consolidating piece of legislation (it repeals many previous laws relating to care and support and replaces them with this Act). It builds on the coalition government’s ‘Vision for Adult Social Care’ document and ‘Caring for Our Future’ White Paper. 2. This slide shows some of the legislation repealed by the Act – either in whole or in part – which includes: National Assistance Act 1948, which established the welfare state and abolished the poor laws Chronically Sick and Disabled Persons Act 1970 (but only repealed for adults), which introduced major reforms, providing entitlement to community services NHS and Community Care Act 1990, major reform including right to assessments Carers (Recognition and Services) Act 1995, the first Act to recognise carers Page 8 Community Care (Direct Payments Act) 1996, which included new powers to make direct payments. 3. The Act also revokes secondary legislation and cancels statutory guidance such as: The Delayed Discharges (England) Regulations 2003 Fair Access to Care Services (FACS): Guidance on eligibility criteria for adult social care (2002) Health and Social Services and Social Security Act 1983. 4. Consolidated legislation and guidance is listed in Annex K of the guidance. 5. Some of the changes in the Act are not completely new as they were previously best practice, but were not a statutory requirement for local authorities. This means that the impact of the Act will be different in different local areas, depending on how local areas had previously implemented best practice guidance. The Local Government Association has published an analysis of the Act which identifies what's new and significantly different in the legislation, what's new in law but not new in policy, and what is a consolidation of existing law. Key learning point The Act is both a reforming piece of legislation (it changes the law) and a consolidating piece of legislation (it repeals many previous laws relating to care and support and replaces them with this Act). Page 9 6. What is the Act trying to achieve? Slide 6 Notes 1. Care Minister Norman Lamb said “Until now it’s been almost impossible for people who need care, carers, and even those who manage the care system, to understand how the previous law affecting them worked. The Care Act has created a single, modern law that makes it clear what kind of care people should expect.” 2. The Act aims to makes care and support clearer and fairer, for example it: outlines a single national eligibility threshold for care and support requires local authorities to provide all local people with information and advice, related to care and support, to help them understand their rights and responsibilities, and plan for their future needs includes protections so that people do not go without care if their provider fails, regardless of who pays for their care clarifies local responsibilities for people in prison who have needs for care and support so that they can access the care they need. 3. The aim of the Act isn’t just about making things easier to understand though – it’s also about changing the way we care for people. Central to the Act is the concept of wellbeing. First and foremost local authorities now have a duty to consider the wellbeing of the individual needing care or support. Key learning point The underpinning principle of the Act is to ensure that people’s wellbeing, and the outcomes which matter to them, are at the heart of every decision that is made. Page 10 Questions What do you understand by the term wellbeing? How does your understanding of wellbeing compare to the definition in the Act and the description in the guidance? What would you consider to be the key factors that influence your personal wellbeing? 4. The Act attempts to rebalance the focus of social care on postponing the need for care rather than only intervening at crisis point. The aim is that the care and support system intervenes early to support individuals, helps people retain or regain their skills and confidence, and prevents needs or postpones deterioration wherever possible. The statutory guidance gives examples of different types of preventative services, including: those that promote healthy and active lifestyles (e.g. exercise classes) targeted early interventions such as a fall prevention clinic or minor adaptions to housing which improve accessibility interventions such as rehabilitation/reablement services. 5. The Act also recognises carers’ vital input and aims to help them maintain their caring role, if they are willing and able to do so, which of course will often help the people they care for to postpone or delay the need for more formal services. Key learning point The Act attempts to rebalance the focus of social care on postponing the need for care rather than only intervening at crisis point. 6. The Act also embeds people’s rights to choice, personalised care and support plans, and personal budgets in legislation. A key aim of the Act is to embed and extend personalisation in social care. Personalisation has a wide agenda encompassing universally accessible information and advice, prevention and early intervention, community capacity building, making greater and more creative use of universal services, and tailoring the formal support people need. The evidence suggests people want to be more actively engaged as partners, that services frequently underestimate their willingness, and that the potential Page 11 impact of harnessing this contribution could have huge economic value and lead to better outcomes. The Care Act 2014 mandates that all people with an eligible care and support need and carers should have their support planned and managed in this way in future - see the care and support planning workbook for more details. 7. Person-centred care and support planning puts people at the heart of their care and offers them the opportunity to take control and ownership of the process and outcomes of their plan. Everybody will have a personal budget (see the personal budgets workbook for more details) as part of their plan that identifies the cost of their care and support and the amount that the local authority will make available regardless of their care setting i.e. people in residential care will get a personal budget. Person-centred care and support planning refocuses the priority from services to ensuring better lives for people. This means focusing upon the person and their needs and not focusing upon existing service provision. Question What do you think might be the key challenges in embedding and extending personalisation in your organisation? Hint: they could be cultural, attitudinal, strategic… Facilitator’s hints and tips Personalisation is primarily an ethos requiring profound cultural change and different ways of thinking and working. Much of the early story of personalisation revolved around designing the Resource Allocation System. Getting the process right is important but shifting the culture of care should be the primary goal and this requires changes in attitude and thinking. You may want to consider undertaking one of the following exercises to aid the discussion about what needs to change and the key challenges associated. You could get participants to complete the self-assessment checklist in the appendix of the care and support planning workbook. You might want to use the following table to discuss culture change: Page 12 Drivers What are the policy, economic and good practice drivers for personalisation? Current practice Describe current practice in your organisation Barriers What are the barriers preventing current practice from delivering the vision? Potential solutions What might some of the potential solutions be? Vision What outcomes do people who need support and their families and carers want? (see the Making it Real ‘I statements’. You could complete this table in discussion with the participants, and if you do we suggest that you start with the ‘drivers’ followed by the ‘vision’, then complete ‘current practice’ followed by ‘barriers’ and finally ‘potential solutions’. Key learning point A key aim of the Act is to embed and extend personalisation in social care. Slide 7 Page 13 Notes 1. The Act is designed to be considered in its entirety and different sections should not be implemented in isolation. For example, one way of preventing or delaying the need for care and support is a good information and advice service that is accessible to all people in the local area. Some elements of the Act may potentially increase demand on the care and support system – such as new rights for carers – whilst the longer term impact of some other elements of the Act – such as ensuring a sustainable, high quality market of local services – may be to reduce overall demand. Local authorities will need to balance their focus and attention on key and urgent changes to processes such as assessments with the longer term aspects of prevention and market shaping. 2. To be successfully implemented some elements of the Act need the cooperation of the whole local authority e.g. prevention, and information and advice: these are not things that adult social care can do alone. It will be important that wider parts of the local authority, such as public health and housing, are engaged in the planning, preparation and delivery of the Act. 3. Part 3 of the Children and Families Act 2014 focuses on Special Educational Needs and Disability and introduces a system of support which extends from birth to 25. The Care Act deals with adult social care for anyone over the age of 18 and for young people moving into adult social care. This means there may be a group of young people aged 18-25 who could be entitled to support though both pieces of legislation. The two Acts also have the same emphasis on outcomes, personalisation, and the integration of services. It is therefore essential that the planning and implementation of both of these Acts is joined up at a local level. For example, changes to transitions will need children’s services and adult’s services to work together to implement best practice. There is a learning module about transition to adulthood for more detail on this. 4. Local authorities will also need to act in partnership with other organisations if they are to implement the Act successfully. Local authorities are required to carry out their care and support functions with the aim of integrating services with those provided by the NHS and others such as housing, welfare and employment services. There is a learning module about integration, cooperation and partnerships for more detail on this. 5. The importance of well-informed leadership therefore - by the local authority in particular as well as social care organisations from all sectors, health and Page 14 other local authority partner organisations – will be central to the successful implementation of the Act. Questions What key words or phrases (on the slide) stand out to you? What key things are being recommended? Slide 8 Notes 1. The primary legislation is the Care Act 2014, which sets out the legal duties and powers. It is a big piece of legislation; part 1 on Care and Support has 79 sections. The Act is supported by regulations and by statutory guidance. Much of the practical detail is in the regulations and guidance accompanying the Act – ringed in red on this diagram. It is to these that most people will look to interpret the Act and understand what will need to change, and these learning materials focus on the regulations and statutory guidance. 2. Secondary legislation – the regulations – there are over 20 sets of regulations supporting the Act, which give more detail on critical requirements, often related to processes such as assessment. Page 15 3. Statutory guidance - guidance on how to meet legal obligations in the Act. The 23 chapters of the statutory guidance set out, at a high-level, the expectations on local authorities when exercising their functions under the Act. The statutory guidance (and hence these learning materials) makes a distinction between ‘musts’, ‘shoulds’, ‘should nots’ and ‘mays’. In the guidance, the word ‘must’ (whether in capital letters, bold or not) means must. They reflect duties in the Act or the regulations and are absolute requirements. In the guidance, the word ‘should’ means whilst there is no specific duty about the particular recommendation in the Act or the regulations, the government (the Department of Health) wants local authorities to do this. They are expectations on local authorities and authorities should have a good reason if they don’t follow them. The word ‘may’ means that local authorities might like to consider doing something, and that it would be lawful because power has been given in the Act to do the thing in question. The courts could, however, still find that the way in which a local authority chose to exercise this discretion was unlawful, on the facts of a particular situation on the usual grounds for judicial review. The words ‘should not’ mean that the government is telling local authorities positively NOT to do something, either because it is forbidden in the Act or regulations, or because it is considered to be something that will be bound to provoke legal challenge, or is unacceptable in relation to current government policy. 4. Implementation support - best practice guidance, toolkits and other national and regional products which help support implementation. These do not have any legal status, so may be used by councils and other organisations or not (although case law sometimes treats such guidance as a relevant consideration for informing the exercise of discretion). These training materials are an example of a national implementation support product as is the Local Government Association care and support reform implementation website. Page 16 7. The framework of the Act Slide 9 Notes 1. The main reforms of the Act to be implemented in 2015 are set out in the diagram, which summarises the framework of the Act and its statutory guidance. 2. The Act places the wellbeing of the individual at its core by having wellbeing as the underpinning principle of the Act in Section 1. This is enacted through new duties and general responsibilities of local authorities. An enhanced focus on prevention (Section 2). New duties to act in partnership with others and with a focus on integration with health (Sections 3, 6, 7, 22, 23 and 74). There is a learning module about integration, cooperation and partnerships for more detail on this area. Improved transitions for young people(Sections 58-66). There is a learning module about transition to adulthood for more detail on this area. Extended responsibilities for information and advice services (Section 4). There is a learning module about information and advice for more detail on this area. The provision of an independent advocate if a person would otherwise be unable to participate in or understand the care and support system (Sections 67-68). There is a learning module about independent advocacy for more detail on this area. Better oversight of the care provider market to ensure it is diverse and sustainable, offering choice to service users (Section 5). There are new responsibilities in cases of provider failure (Sections 19 and 48-57). Changes to safeguarding arrangements (Sections 42-46). Local authorities must, amongst other safeguarding changes, establish Safeguarding Adults Boards to oversee cases of abuse or neglect and make enquiries, or ensure others do so, if it believes an adult is subject to, or at risk of, abuse or neglect. Page 17 3. There are also significant changes to the key processes that support someone to access the care and support system such as assessment and eligibility (Sections 9-13) and care and support planning (Sections 24-27 and 31-33), as well as charging and financial assessment (Sections 14, 17, 34-36 and 69-70). There are learning modules about assessment and eligibility, charging and financial assessment, and care and support planning for more detail on these areas. 4. Note that there are a few other provisions (not shown on this diagram) that complete the legal framework of the Act, for example: changes to ordinary residence – establishing where a person lives and how that affects the responsibilities of local authorities (Sections 39-41) cross border placements – the ability to make care home placements in different countries of the UK (Section 39) the extension of the Human Rights Act to cover people receiving care and support from a regulated provider that is arranged by their council, whether in a residential setting or at home, however, this provision will not apply to people arranging or paying directly for their own care (Section 73) clarification of local authority responsibilities in relation to people in prison with care and support needs (Section 76) - see the briefing about care and support in prisons for more details a requirement to hold registers of blind and partially sighted people (Section 77) delegation of functions - a legal right for councils to contract out mainstream social work functions related to assessment, resource allocation and care planning if they so choose (Section 79). 8. The wellbeing principle Slide 10 Page 18 Notes 1. Section 1 of the Care Act creates a new statutory principle designed to embed individual wellbeing as the driving force behind care and support. The Act starts by saying that the general duty of a local authority (within this Act) is to promote the wellbeing of the individual and the outcomes that matter to them (in all decisions made with them and about them). The guidance clarifies that this applies to those in receipt of services and carers and to certain children when they are in transition. 2. The wellbeing principle applies to local authorities not providers, but local authorities may make wellbeing a contractual obligation for providers of care and support. 3. The Act defines wellbeing as made up of nine aspects, for the purposes of setting the framework for care and support services (see the wellbeing handout). Sub section 3 then sets out a series of things the local authority must also have regard to when carrying out their functions, such as: the importance of beginning with the assumption that the individual is bestplaced to judge their wellbeing respecting an individual’s views, wishes, feelings and beliefs decisions are made having regard to all the individual’s circumstances the need to protect people from abuse and neglect. 4. The application of the wellbeing principle is not just to those who are eligible for care and support but should also apply to anyone who comes into contact with the care system, e.g. having an assessment, whether that leads to the provision of a service or not. In its broadest sense, the principle of wellbeing requires assessments to be holistic; less about deficit models of care, and more about enabling people to build on their strengths. 5. The Act and most of the statutory guidance makes it clear that it is talking about individual rather than a collective sense of wellbeing. However, section 1.13 of the guidance does veer away from this when it says that the principle should also be considered by the local authority when it undertakes broader strategic functions and cites planning as an example “….the principle should also be considered by the local authority when it undertakes broader, strategic functions, such as planning, which are not in relation to one individual. As such, “wellbeing” should be seen as the common theme around which care and support is built at local and national level.” (1.13) Page 19 6. Overall, wellbeing is used in three main ways within the Act and guidance: wellbeing underpinning discussions that might take place as part of the assessment and care and support planning processes as a set of principles which can be used as a test against which individual decisions might be judged i.e. does changing this person’s care arrangements improve or impact on their wellbeing? as a set of principles which the local authority might use to judge the impact of broader, strategic decisions it might make. 7. However, the absence of a perception of wellbeing on the part of an individual does not automatically mean that they are entitled to care and support or that wellbeing is the only consideration that is used to judge who may have eligible needs for care and support. Exercise Thinking about wellbeing in general, give examples of how the concept of wellbeing might be applied in practice in a supported housing scheme, a planning authority and in your own role and/or organisation. Suggested answer Some examples of how the wellbeing principle might be considered in practice, in different situations, are given below. In a supported housing scheme: A scheme is described as offering accessible accommodation for people with a disability. However this might not mean that a disabled person has access to all parts of the scheme. Therefore, the limitations on access may influence a person’s wellbeing if they cannot access friends or neighbours who live on another floor or if they cannot access recreational areas the scheme offers. In the planning authority: In an area of high density of older people the planning authority should consider the impact on wellbeing that the development of an out of town shopping centre might have on the closure of the local post office or shops. In your own home: A blind woman was recently robbed in her own home by someone posing as being a member of care staff. Yet her actual care staff still often arrive unannounced and walk in without knocking or verbally identifying who they are and where they are from. It makes her afraid in her own home. Key learning point The wellbeing principle underpins all discussions and decisions about an individual. It should steer local authorities and partner organisations in everything they do. Page 20 Exercise Consider what wellbeing might mean for a person with care and support needs, and how people working in the care and support sector could influence their wellbeing Complete the table below giving examples for each element of wellbeing (adding to the examples given): Element of wellbeing How could staff influence wellbeing Personal dignity (including treatment of the individual with respect) Do care workers knock before entry? Physical and mental health and emotional wellbeing Do staff assessing carers’ needs give due weight to the psychological strain that some carers can suffer from? Protection from abuse and neglect Do staff know about the different forms of abuse and what to do if they come across or suspect it? Control by the individual over day-to-day life (including over care and support provided and the way it is provided) Have commissioners identified providers who will allow a client to bank care hours on a given amount of notice, for use in another week? Participation in work, education, training or recreation Social and economic wellbeing Domestic, family and personal relationships Suitability of living accommodation The individual’s contribution to society Page 21 9. General responsibilities Slide 11 Notes 1. Sections 2, 4 and 5 of the Act set out local authorities’ universal obligations towards all local people in terms of prevention, information and advice and market shaping. 2. A local authority is under a general duty to prevent, delay or reduce the need for care and support of all local people in its area. Local authorities will need to: identify what the particular care and support needs in their area are and facilitate a market that delivers appropriate supply to meet those needs identify people who may have care and support needs in their area that are not already being met identify carers who may have needs that are not being met. 3. The Act identifies three main strands of prevention – preventing the need for care and support, delaying needs for care and support, and reducing the needs for care and support. There is clear intent in the Act that the care system should help people maintain their independence and improve their wellbeing. Local authorities will need to identify who may benefit from services aimed at delaying the onset of social care needs, including those who may not be in receipt of any care and support services. Page 22 Exercise Section 2 (2) (a) of the Act states that in preventing the needs for care and support the local authority must have regard to “the importance of identifying services, facilities and resources already available in the authority’s area and the extent to which the authority could make use of them”. Can you identify (and complete the table below) eight community based services, facilities or resources in your area that could help improve an older person’s wellbeing that is not already doing so. Preventing the need for care and support What is the service, facility or resource? How could this improve the wellbeing of older people? What priority would you accord this? 1= highest 10 = least Page 23 Facilitator’s hints and tips Adapt the exercise to focus on different care groups as appropriate depending on the learning audience. Allow people 10-15 minutes to complete the table in pairs. In the subsequent discussion find out from people why these services are not being used now, what would need to change to allow that to happen and how could that change be brought about? Key learning point The Act identifies three main strands of prevention – preventing the need for care and support, delaying the need for care and support, and reducing the need for care and support. and support, and reducing the need for care and support. 4. Under section 4 of the Act local authorities must provide an information and advice service to help all local people understand the care and support system, access services and plan for the future, including enabling people to access independent financial advice to help steer them through the complexities of care funding. Information and advice on all care and support matters must be accessible to all, so it cannot be simply online, and must be "proportionate" to an individual's needs e.g. a simple, short answer to a simple question or more intensive and more personalised information and advice if a person has more complex issues. There is a learning module about information and advice for more detail on this area. 5. Section 5 of the Act sets out a new requirement on local authorities to promote a sustainable, diverse and vibrant market for care and support that delivers high quality services for all local people i.e. including carers and those whose care is not funded by the state i.e. self-funders. Local authorities must encourage a range and variety of providers so that there is a genuine choice of service type available to people, not only a selection of providers offering similar services. They must work to develop markets that are sustainable over time and should consider the impact of their own activities on the market and should not undertake any activities that may threaten the stability of the market as a whole. 6. It is clear from the guidance that a principal tool for achieving the market shaping duty is the local authority’s own – strategic - commissioning and contracting practices. The guidance recommends local authorities publish a Market Position Statement1 to help them understand, facilitate and engage 1 The Department of Health, working in partnership with the Association of Directors of Adult Social Care (ADASS) and the Care Provider Alliance (CPA) oversaw the national programme Developing Page 24 with the local care market and demonstrate that they are meeting this duty. The guidance covers the principles which should underpin an authority’s market shaping and commissioning activities: focusing on outcomes and promoting wellbeing quality and appropriateness of provision supporting sustainability and sufficiency ensuring choice and personalisation working with providers of care and support services and the people who use them integration with other services. Key learning point The Act sets out a new requirement on local authorities to work with all providers of social care, not just those they contract with to promote a sustainable, diverse and vibrant market for care and support that delivers high quality services for all local people. The statutory guidance proposes the development of a Market Position Statement as the best way to meet this requirement. 10. New duties Slide 12 Notes 1. The Act includes general duties on local authorities to promote integration and on local authorities and “relevant partners” (including the NHS) to cooperate generally and specifically in relation to individuals. The general requirement applies to all the local authorities’ care and support functions, including in relation to preventing needs, providing information and advice and shaping the market of care providers. Note that there is a reciprocal ‘integration’ duty on health Care Markets for Quality and Choice (DCMQC) which supported local authorities to develop market position statements. Page 25 partners. There is a learning module about integration, cooperation and partnerships for more detail on this area. 2. Sections 48-57 of the Act are about managing provider failure. The aim is to ensure continuity of care, not to prop up failing providers. There is an updated duty for a local authority to temporarily meet needs when a care provider suffers a business failure and the services cease. This duty applies in respect of all people in the area, regardless of their level of need or who was funding the care and support. The guidance recognises that local authorities manage small scale provider failures effectively, and that most exits from the market are handled responsibly by providers. It clarifies the local authority duty to step in to ensure that no one is left without the care they need. 3. Local authorities’ new market shaping duties mean they should understand the sustainability and capacity of their whole local market i.e. including those elements that they do not directly procure or commission. This should place them in a strong position for developing contingency plans for provider business failure and ensuring continuity of care in the event that a provider does suffer a business failure and the services cease. 4. The Act also introduces a new market oversight regime and a role for the Care Quality Commission (CQC) in relation to financial oversight of certain “difficult to replace” care providers (due to size, geographic concentration or specialisation). It aims to give Government as a whole early warning if one of these providers is likely to fail. The collapse of the national care organisation Southern Cross in 2011 demonstrated the potential effect of a large provider failing financially and there is now a requirement for CQC to assess financial sustainability of these providers and inform local authorities when failure is imminent, to support local planning. There will be stakeholder engagement on the operational detail of the oversight regime in Autumn 2014. Questions Do these new duties have any implications for you or your organisation? Who has responsibility for contingency planning for provider financial failure in the new system? How might that responsibility be met? How do local authorities’ new market oversight duties fit in with those on market shaping? Page 26 Slide 13 Notes 1. The Act places a duty (section 67) on local authorities to arrange independent advocacy if the authority considers an individual would experience ‘substantial difficulty’ in participating in (amongst other things) their assessment and / or the preparation of their care and support plan. The duty does not arise if the local authority is satisfied that there is some other person who is an appropriate representative (provided that person is not engaged in providing care for the individual in a professional capacity or being paid to do so). There is a learning module about independent advocacy for more detail on this area. 2. The Act places on a separate statutory footing (sections 42-47) some of the government’s expectations regarding safeguarding co-ordination, that were previously made explicit only in guidance (principally the ‘No Secrets’ guidance). It includes the duty for the local authority to carry out enquiries (or cause others to) where it suspects an adult (still living or deceased) is at risk of abuse or neglect past or present and to provide any services specified in a subsequent protection plan regardless of their eligibility status. See the handout on adult safeguarding. 3. There is also a requirement for all areas to establish a Safeguarding Adults Board (SAB) with core partners of the local authority, NHS and police to bring them together with other relevant partners to coordinate activity to protect adults from abuse and neglect. These boards: will carry out safeguarding adults reviews into cases where someone who is experiencing abuse or neglect dies or there is concern about how authorities acted. The Boards will investigate the cases with a view to learn from past mistakes have the ability to require information sharing from anyone considered to hold relevant information, to support reviews or other functions – this is a new power Page 27 publish a strategic plan for each financial year that sets out how it will meet its main objective and what each member is to do to implement that strategy publish an annual report detailing what the SAB has done during the year to achieve its objective and what it and each member has done to implement its strategy as well as reporting the findings of any safeguarding adults reviews. 5. Young people under-18 who have complex health needs caused by physical disabilities, special education needs, or life-limiting or life-threatening conditions may need to move from receiving ‘children’s’ services to ‘adult’s’ social care services. This move, known as transition, can be a vulnerable time for young people and their families. The Act introduces new duties on local authorities to carry out a transition assessment (based on the adult criteria) for young people, young carers and/or the child’s carers if they are likely to have needs for care and support after turning 18, and when there is significant benefit to the young person or carer in doing so. 6. The assessment should be carried out at a time when it is of “significant benefit” to a young person’s preparation for adulthood. The purpose is to determine what adult social care a young person might be eligible for so they can make informed choices about their future. There is a learning module about transition to adulthood for more detail on this area. Question Are these new duties likely to lead to significant changes in your local area? Page 28 11. Changes to assessment, eligibility and care and support planning processes Slide 14 Notes 1. This flow chart is a summary of the assessment, eligibility and financial assessment processes that a local authority must ensure are in place. 2. Local authorities must undertake an assessment for anyone who appears to have any level of needs for care and support i.e. if the person appears to have needs for care and support they will be entitled to an assessment. Assessment starts from when local authorities start to collect information about the person – usually known as first contact - which means that individuals should be given as much information as possible about the assessment process, as early as possible, to ensure a personalised approach to the assessment. Key learning point Local authorities must undertake an assessment for anyone who appears to have any level of need for care and support. Page 29 Exercise A person will have a right to an assessment on the appearance of needs regardless of their financial resources. What do you understand by the term ‘appearance of needs’? Who might have concerns about someone appearing to have needs? Suggested answer Someone who appears to have needs might be a person who for example family members, neighbours, their GP or district nurse think: is no longer able to manage their personal care, or able to live safely in their own home without support is confused with dementia and is wandering in the streets at night has been looking after their elderly frail spouse, but is no longer able to manage the lifting or the toileting and has had falls at home that incontinence is an indicator of other problems is being harassed by people who are pretending to be their friend is not coping in their supported living setting and is neglecting themselves never leaves their flat anymore and the neighbours are worried. 3. The local authority must carry out a needs assessment, or a carer’s assessment for a carer. The assessment must focus on needs and the outcomes the person wants to achieve, consider the person’s strengths and capabilities and what preventative community based services may help the person improve their wellbeing - these might not necessarily be care and support services but could be provision that is universally available or be from the person’s wider network. Facilitator’s hints and tips This slide, and the following one about care and support planning, focuses on changes to the systems and processes that must be in place to enable an individual to access care and support. However, as outlined at slide 6, implementing the aims of the Act will need more than a technical response of changing systems. Depending on the audience, it may also be helpful to explore with learners the key changes in practice and culture needed to embed the Act’s vision for assessment and care planning. For further details see the modules on first contact and identifying needs and care and support planning which could be combined with this introduction. Page 30 4. After completion of the assessment process, the local authority will determine whether the individual has eligible needs against a new national eligibility threshold. A person would meet the eligibility threshold if: their needs are caused by physical or mental impairment or illness their needs stop them being able to achieve two or more specified outcomes as a consequence there is or is likely to be a significant impact on their wellbeing. 5. See the handouts on eligibility and carer’s eligibility and the assessment and eligibility workbook for more details. Note that this test of need is not absolute. The guidance states that “Needs may affect different people differently, because what is important to the individual’s wellbeing may not be the same in all cases. Circumstances which create a significant impact on the wellbeing of one individual may not have the same effect on another.” (6.111) – the essence of the person centred approach made necessary by the Act is for local authorities’ system to allow for these differences, in their staff’s decision-making about eligibility. 6. If a local authority finds the person’s unmet needs are not eligible, the local authority must provide a written explanation of the reasons why it is not going to meet their needs. The local authority must also provide personalised information and advice in writing on how to meet the needs they do have, and how the person can prevent or delay future needs for care and support. Questions What is the importance of providing a written explanation? What kinds of changes might you have to make to the way you currently do things so as to provide a comprehensive written explanation? Page 31 7. If the person’s unmet needs are eligible, the person wants support and the type of service(s) being considered is chargeable, i.e. not a free service, then the local authority must carry out a financial assessment. The financial assessment will determine how much the person, and how much the local authority, will pay towards the cost of meeting their need for care and support. The Act provides a new single legal framework for charging for care and support, which means that as of 1 April 2015 the guidance provided by CRAG2 and Fairer Charging3 will cease to apply. 8. During the financial assessment, if relevant, the local authority must inform the person of their right to a deferred payment agreement (DPA). The Act places a duty on all local authorities to operate a deferred payment scheme and to offer deferred payments to people meeting the acceptance criteria for the scheme (they also have fairly broad discretion to offer it to other people). For more details on financial assessment, see the learning module on charging and financial assessments, which includes deferred payment agreements. Slide 15 Notes 1. After carrying out an assessment, a local authority will determine whether a person has eligible needs or not. This diagram illustrates what the process should be if they do have eligible needs. The left hand side of the diagram shows what happens when the local authority has a duty to meet their needs and the right hand side what will happen from April 2016 if the person has more resources than the financial limit and chooses to arrange their own care and support i.e. if they are a self-funder. 2 3 Charging for Residential Accommodation Guidance 2014. Fairer Charging Policies for Home Care and other non-residential Social Services 2013. Page 32 2. LEFT HAND SIDE - If the local authority has a duty to meet the person’s needs, it must prepare a care and support plan or support plan for carers that shows how the person’s needs are to be met. The plan must describe what needs the person has, and which needs the local authority will meet, and contain a personal budget that identifies the cost of their care and support. 3. Where a person has a personal budget they can have a direct payment, if certain conditions are met. The local authority (or a third party) may hold their personal budget and arrange care and support for the person, following their wishes, or they may choose to take a direct payment and arrange their own care and support, which could be for some or all of their personal budget. 4. The local authority is under an ongoing duty to keep the person’s plan under review to ensure that their needs continue to be met. 5. RIGHT HAND SIDE - Where the person has eligible needs for care and support, but the local authority does not arrange their care and support - because they have means above the financial threshold - the local authority currently does not have a role. From April 2016 it is proposed that authorities prepare an independent personal budget (IPB) to record care costs. Cost should be at the rate the local authority would have paid to meet their needs if they were arranging the care. These changes will come into effect from 2016/17 and there are decisions still to be made about the detail. Further information will be available from December 2014. 6. The local authority is under an ongoing duty to review the IPB regularly, to ensure that the costs set out in it continue to reflect the person’s needs. Question Do these new processes have any implications for you or your organisation? Key learning point The plan must describe what needs the person has, and which needs the local authority will meet, and contain a personal budget that identifies the cost of their care and support. Page 33 12. What might this mean for people needing care and support? Slide 16 Notes 1. The Act should mean that local authorities have a wider focus on the whole population that may need care rather than just those who have eligible needs and/or are state funded. The Care Act brings those funding their own care into the care system with obligations on local authorities relating to information and advice, assessments and market shaping all applying to self-funders. It should also mean that all local people have better access to information about care and support when they need, and more emphasis on prevention. 2. The Act sets out an entitlement to care and support based on eligible unmet needs after assessment, where the person normally lives (ordinary residence) and, where relevant, the outcome of a financial assessment. 3. The Act also sets out a new model of paying for care, putting in place – from April 2016 - a cap on the care expenditure which an individual is liable for (see slide 17 for more details). 4. In line with the Act’s aim of being clearer and fairer about care and support it seeks to impose a common system across the country. This is enacted via continuity of care and national eligibility criteria. The Act prescribes the way local authorities transfer responsibility for care and support if somebody moves from one local authority area to another so that their care is not interrupted. Continuity of care means making sure that there is no gap in care and support when people choose to move home. This also applies to the needs of any carer moving with the person. The continuity duty continues until the second authority has carried out its own assessment and put in place all necessary care and support on the basis of that assessment. Page 34 The national eligibility threshold replaces Fair Access to Care (FACS)4. Key learning point The Act seeks to establish a common system across the country via continuity of care and national eligibility criteria. Slide 17 Notes 1. This diagram shows how people with care and support needs should experience the care and support system after the implementation of all elements of the Act come into force in 2016/17. This is a significant change and local authorities in particular should be planning for this now. 2. Notes on box 1 - everyone is entitled to the provisions outlined in box 1, regardless of their eligibility for state support with their care needs. Most people’s first port of call is still to access support from family, friends, their local community, user-led support organisations, voluntary organisations etc – depending on the individual. People can use universal and free services that are relevant and available locally. From April 2015, local authorities have a statutory duty to ensure that there is information and advice on the local care and support services available to help people stay well, including if relevant how much those services cost, and signposting to other sources of advice if needed. It replaces ‘Prioritising need in the context of Putting People First: A whole system approach to eligibility for social care: Guidance on Eligibility Criteria for Adult Social Care, England 2010’ - usually referred to as the Fair Access to Care Services (FACS) guidance. 4 Page 35 If a person appears to have needs for care and support then they will be entitled to have an assessment. People who may need care and support include those with a health condition such as dementia, or other problems that affect their quality of life or ability to carry out daily activities such as getting dressed. After assessment the local authority will provide personalised information and advice on what services are right for the individual, and whether they are eligible for state support. 3. Notes on box 2 - how much a person might pay for care will depend on their financial situation. If a person has eligible needs, the amount that the local authority will contribute to their care costs will depend on the outcome of a financial assessment. Note that the financial thresholds – the amount of money that a person can have before they have to pay for some or all of their care (if they are not accessing free services) - are changing in April 2016. 4. Notes on box 3 – a new model of paying for care comes into force in April 2016. From April 2016 there will be a financial limit – the cap on care costs – of the right to charge a person once expenditure on eligible care has reached a nationally set cap. Once the cap is reached the local authority must pay for any further eligible care costs regardless of the financial means of the individual. The cap covers eligible care costs only, so accommodation costs in residential care are not included (so called ‘hotel costs’). The amount people will be asked to contribute towards their daily living costs in residential care will be set nationally. Only the cost of eligible needs counts towards the cap, and if a person wanted any additional services that they choose to have beyond what the local authority would provide, such as having a second bedroom in a care home or help with lower level care needs, they would still have to pay for those themselves. 5. Notes on box 4 - a new requirement to record what has been spent on eligible care comes into force in April 2016. From April 2016 the local authority must keep a record – a care account - of the costs that have counted towards the cap to date. You may hear the phrase ‘the meter is ticking’ to describe the fact that someone is paying for their own care and this is registered as counting towards their care cap. The amount of money that counts towards the care account is the level of a person’s personal budget if they are receiving local authority support. For self-funders, this will be the level of their independent personal budget (IPB). Page 36 The IPB is designed to reflect what it would cost the local authority to meet that person’s needs. Further details of how this will work will be set out in a consultation on the detail of the operation of the cap on care costs in December 2014. The local authority will review a person’s situation at least yearly to check that their care and support still meets their needs, and whether their financial situation has changed. Slide 18 Notes 1. Most of the duties within the Act apply to carers as well as to the person in receipt of care. The Care Act therefore strengthens the rights and recognition of carers in the social care system, including, for the first time, giving carers a clear entitlement to support. For example: The principles and duties enshrined in the Act apply equally to carers and those with care needs e.g. the duty to provide independent advocacy applies to carers. Information, advocacy and integration of services should make it easier for carers to access support and plan for their future needs. The emphasis on prevention will mean that carers should receive support early on and before reaching crisis point. People receiving care and carers have the same rights to an assessment on the appearance of needs and regardless of what the local authority thinks is the level of their need and regardless of their financial resources. The previous requirement to provide ‘substantial’ and ‘regular’ care (to be defined as a carer) will be removed, and it removes the requirement to ask for an assessment. Assessments will need to consider what else (apart from the provision of support) would help to meet the outcomes that a carer wants. Section 20 of the Act provides a new legal entitlement to support for carers. If a carer is ordinarily resident or present in the local authority’s area and their needs meet the eligibility criteria, the local authority has a duty to meet the carer’s need for support. If a carer is deemed to have eligible needs, the local Page 37 authority should prepare a “support plan”. The support plan must help the carer decide how their needs should be met and which (if any) would be met by direct payment i.e. direct payments can be provided to carers. A carer should be kept informed of the care and support plan of the person they care for (Section 25). Note that the Act maintains the ability of local authorities to charge carers for support – except for respite care - but authorities must have regard to the impact of doing so. See the charging and financial assessment learning module for more details. 2. The Care Act extends the rights of carers of adults, but note that corresponding duties have been included in the Children and Families Act 2014, which includes new duties for the assessment of young carers and parent carers of children under 18. Key learning point The principles and duties enshrined in the Act apply equally to carers and those with care needs. Question Thinking about how the Act affects carers; what values do you think are being promoted? What impact might this have on your interaction and relationship with carers? Page 38 13. What might this mean for local authorities and partner organisations? Slide 19 Notes 1. There are many changes and implications for local authorities of the Care Act and some are highlighted here. There are many new statutory duties for local authorities, albeit that some of them are not completely new as they were previously best practice. The implications for local authorities will depend on their previous practices. 2. Many of the reforms will most likely require changes to the financial, admin and IT systems e.g. to establish and monitor care accounts, to support increased number of deferred payment agreements, or to enable supported selfassessments. 3. An implication of the cap on care costs, which comes into force in April 2016, is that it incentivises self funders to approach the local authority for assessment, thus potentially increasing demand on social care assessment function. It is also likely that there will be a significant increase in demand for assessments and support plans from carers. Local authorities will need to plan ahead now to think about how to manage this impact and how they will undertake early assessments in preparation for the introduction of the cap. 4. A change for local authorities is that their duties have been widened to, in some instances, include all people in the local area with care and support needs not just those who are state funded. For example local authorities must provide an information and advice service to help all local people understand the care and support system, access services and plan for the future, including enabling people to access independent financial advice to help steer them through the complexities of care funding. This may be a challenge for authorities’ systems, processes, market intelligence, and ‘scope’ of individuals’ roles. Page 39 5. A key change for local authorities is the requirement to promote a sustainable, diverse and vibrant market for care and support that delivers high quality services for all local people i.e. including self-funders. Local authorities will need to have a better understanding of self funders and the care market and ensure their Market Position Statements take into account the whole market. 6. The new statutory duties and responsibilities are likely to require an increase in workforce capacity and/or new roles and ways of working. For example, the Guidance states that “Local authorities should develop a clear understanding of their current workforce and future needs in determining their approach to delivering additional assessments” (23.56). Local authorities will need to map the key changes to relevant parts of the local workforce and review skills and capacity in order to develop a workforce development plan. 7. The reforms to care and support will have a significant financial impact on councils. For example, the responsibility for social care needs of prisoners will have a significant impact for local authorities with one or more prisons within their boundaries. The Department of Health (DH), Local Government Association (LGA) and the Association of Directors of Adult Social Services (ADASS) are working to analyse these costs and develop additional funding formulae for local authorities to implement the new duties. 8. Local authorities should take steps in 2015/16 to prepare for funding reform: understanding likely demand, awareness-raising, capacity-building, and early assessments. Chapter 23 of the guidance details transition to the new legal framework in 2015/16 and preparing for funding reforms in 2016/17. This in itself will take time and capacity and is another example of the cost of the reforms. Facilitator’s hints and tips If appropriate to the audience, it may be useful to undertake an exercise with learners to consider what the local authority will need to do to achieve the overall ambitions of the Act: wellbeing to be at the centre of all decisions about a person a greater focus on prevention to help people retain or regain their skills and confidence, and postpone deterioration wherever possible to embed and extend personalisation in social care. Fundamentally, the Act is about changing the way we care for people. Implementation of these changes will be challenging and demand significant cultural and attitudinal changes both strategically and in professional practice. Page 40 Slide 20 Notes 1. The Act places on local authorities a duty to ensure integration with other services where it feels this will improve services (the NHS already has a reciprocal responsibility). It also places a duty upon local authorities and their partners to co-operate in regard to their functions in providing support and care to adults and their carers. Partners in this regard include the NHS services (and some non-NHS health services), and other local authority services such as housing and children’s services. 2. Part 1 of the Act is about adult social care and the changes introduced in the Act relate mostly to the statutory duties and functions of local authorities in that area of activity. However, no service operates in isolation and these changes will impact also upon local authority partner organisations and adult social care providers. For example, local authorities may make wellbeing a contractual obligation for providers of care and support, or they may outsource their information and advice service. 3. Local authorities also have new duties towards self-funders and these will impact upon social care providers who deal with self-funders. Changes in the funding regime will also impact upon social care providers as will the new responsibilities that local authorities will have for shaping the market generally (not just the market for publically-funded services). How local authorities will actually do this, and how it therefore will affect providers is yet to be seen. Larger providers will be affected by the new market oversight/failure responsibilities given to the CQC. 4. The funding changes from April 2016 will affect when some people become eligible for public funding for their services and impact upon their time in the private market. The introduction of ‘hotel” charges for residential care will also impact upon providers. Page 41 5. The introduction of national eligibility criteria will mean that eligibility levels in some local authorities may change, impacting upon the numbers of people eligible for public funding for their care. 14. Summary Slide 21 Questions What has struck you most about this session? Thinking about what you have learnt about the Act (and on any other modules you have completed so far): what links can you make between topic areas? how might the necessary changes impact on your current arrangements? what might be the key challenges? Exercise What are your top three priorities in relation to implementing the Act? Complete the action plan to identify the next steps for each priority. Page 42 Appendices Links to key resources Carers Trust (June 2014) The Care Act 2014: Key points for Carers and Carers’ Organisations. A summary of the key points of the for Carers and Carers’ Organisations, but clear and simple for other people too. Carers UK (May 2014) Care Act 2014 Key provisions for carers. A guide to the Act with a short summary and also reference to the new rights of young carers under the Children and Families Act 2014. Patrick Murray (May 2014) Briefing: The Care Act. National Housing Federation. A briefing that set outs what the Care Act’s new duties for local authorities mean for housing associations and also points to some further resources in and around certain aspects of the act. Luke Clements (June 2014) The Care Act 2014 overview. A longer description of the main features of the Act, and perhaps more of a lawyers view than those above. Department of Health (June 2014) Factsheets to accompany Part 1 of the Care Act 2014. 11 factsheets produced by the Government covering the main provisions of the act, but not going into too much detail. Department of Health Care Act 2014: statutory guidance for implementation Available at https://www.gov.uk/government/publications/care-act-2014-statutoryguidance-for-implementation (23/10/2014) (Accessed: 24 October 2014). Institute of Public Care (February 2014) The Stability of the Care Market and Market Oversight in England. Care Quality Commission. A report commissioned by CQC to help them prepare for their new market oversight responsibilities. It also provides a number of other useful suggestions and areas for further consideration. Institute of Public Care Developing Care Markets for Quality and Choice Available at http://ipc.brookes.ac.uk/dcmqc.html (no date) (Accessed at: 28 July 2014). A number of papers setting out the findings from the DCMQC programme, which focus on how local authorities should be working with the market. Page 43 Local Government Association Care and support reform implementation Available at http://www.local.gov.uk/care-support-reform (07/07/2014) (Accessed: 23 July 2014). The website for the care and support reform implementation programme being delivered in partnership by the DH, LGA and ADASS. Contains both details of that programme and a range of tools and resources for understanding, analysing and implementing the Act. Preparing for Adulthood Programme (April 2014) The Links Between The Children and Families Act 2014 and The Care Act 2014. In partnership with the Department of Health, Public Health England is developing a public awareness campaign for the care and support reforms being introduced in April 2015 and into 2016. These target people using care, people approaching the point of need and informal carers. The campaign will be accompanied by a local communications toolkit for use by local authorities and delivery partners, which includes research into how to effectively communicate with these consumer audiences about the reforms. These resources will be available on a password protected site. Handouts Handouts linked to this topic area are: Handout: Wellbeing Exercise: Wellbeing Exercise: Preventative Services Handout: Adult Safeguarding Fact Sheet: Care Act Overview