Local Authority implementation of the Care Act 2014

Hazel SummersHead of Strategy Commissioning

Overview of this presentation

• To provide a picture of community care legislation to provide the backdrop to adult social care

• To set out social care is provided is Manchester

• To provide an overview of the new governance model

• To highlight the anticipated financial implications

• To set out the challenges for Manchester

Section HeadingSection Subheading

Slide 2

National Assistance Act 1948: established the welfare state and abolished the Poor Laws

1948 1960… 1970…

Chronically Sick and Disabled Persons Act 1970: reforms to key entitlements to community services

A brief history of care and support

NHS and Community Care Act 1990: first major set of reforms, including first right to assessments and start of commissioner/ provider split.

1980… 1990… 2000… 2010…

Carers (Recognition and Services) Act 1995: the first Act to recognise carers

Community Care (Direct Payments) Act 1996: new powers to make direct payments

Carers and Disabled Children Act 2000: extending direct payments to carers

Health and Social Care Act 2001: updates on direct payments

Social care law and policy has evolved over more than 65 years, incorporating around 30 Acts of Parliament, but reform has usually been piecemeal.

The Care and Support Reform Programme

Vision for Adult Social

Care___________

Nov 2010

Law Commission

Report__________

May 2011

Dilnot Commission

Report__________

July 2011

Caring for our future

engagement_____________Sept - Dec 2011

• Caring for our Future White Paper• Draft Care and Support Bill• Progress report on funding______________

July 2012

Engagement and pre-legislative

scrutiny on draft Bill________________Jul 2012 – Jan 2013

Care Act in Parliament

__________May 2013 – May 2014

Announcement on funding

reform______________

Feb 2013

Implementation_____________

April 2015 – April 2016

The reform timelineThe Care Act is the latest step in the timeline for reform, and builds the Government’s Vision for Adult Social Care document and White Paper.

The Care and Support Reform Programme

Consultation on draft regulations

and guidance______________

Jun - Aug 2014

• Promote people’s wellbeing

• Enable people to prevent and postpone the need for care and support

• Put people in control of their lives so they can pursue opportunities to realise their potential

Caring for our Future

The Care Act: reforming care and support

The care and support White Paper was published in July 2012 and set out the Government’s vision for the future system.

If adult care and support in England is going to respond to challenges it must help people to stay well and independent:

The Care Act 2014 implements this vision.

What do we do now in terms of adult social care provision?

• Contact Centre – gateway to service or signposting

• Fair Access to Care Services Screening

• Eligible customers progress onto community care assessment

• Duty to meet identified needs

• Personalisation: Choice and Control

• Support Planning – Cash/Virtual or Mixed Individual Budgets

• Follow up review after 6 weeks and annually thereafter

Section HeadingSection Subheading

Slide 6

A picture of the process

Section HeadingSection Subheading

Slide 7

Current eligibility through FACS

Individual Budget to bands 1 & 2 at presentStatutory duty under Fair Access to Care ServicesCritical – care needed NOWSubstantial – Care needed in next 6 weeksWe meet Low and Moderate needs via early intervention and prevention work e.g. social care equipment and community alarm

Section HeadingSection Subheading

Slide 8

Low

Moderate

Substantial

Critical

4

3

2

1

Living Longer Living Better: What are we aiming to achieve across the health and social care

economy?

Section HeadingSection Subheading

Slide 9

Health and Wellbeing

New Directions via the Care Act 2014

Section HeadingSection Subheading

Slide 10

“The principle of personalisation is at the core of these reforms. Rather than the state deciding what people need, people themselves will be able to shape their care and support around what they want, to achieve the outcomes that matter to them. To help them do this, the Act ensures that people will have clearer information and advice to help them navigate the system, and a more diverse, high quality range of support to choose from to meet their needs. The Act places more emphasis than ever before on prevention – shifting from a system which manages crises to one which focuses on people’s strengths and capabilities and supports them to live independently for as long as possible”

Norman Lamb, Minister for Care and Support

New opportunities

• To meet the statutory requirements of the Care Act 2014

• To revisit some areas that may need some further transformation

• To welcome the new opportunities to co-design with Public Health e.g. wellbeing

• To work beyond the city at a regional level through new approaches e.g. Prison Care

Section HeadingSection Subheading

Slide 11

Challenges for Manchester (1)

Financial implications

LA - Significant Cash Reductions in Funding Support per Head Across England

Challenges for Manchester:

• New focus on self funders

• Wellbeing – we already do that but no definition provided?• Market shaping and commissioning –Increased commissioning duties

around management of provider failure

• New duties to assess both people who use care and their carers; we are awaiting the regulations on the national eligibility threshold

• Already started the work on improving advocacy & financial advocacy for self funders

Other challenges (2)

• Implications of charging for care and support, deferred payment agreements and Care Accounts

• Safeguarding – definitions of abuse and neglect welcomed, role of the Safeguarding Board etc but set against new demands around DoLS and Cheshire West ruling

• Transition to adulthood – how does this complement work already underway around SEN’D reforms and introduction of Education, Health and Care Plans

• Prisons – 1/3 of LAs have a prison within their authority – how will we meet those needs?

Summary• LAs are working at a regional level to prepare for the

Care Act implementation and the regulations issued on 3rd week of October

• We welcome the strengthened duties towards carers, as well as focus on early intervention and prevention

• The work with self funders provides us with a new opportunity to gain market intelligence and, in turn, use that for market shaping

• Overall the Care Act provides a solid platform to meet the needs of a wider group of older, disabled and vulnerable people….we just need to resource it….but all LAs are generally starting from the same point

Our ‘ask’ of the VCS• Continue to work with us to shape the

policy and commissioning landscape for the city

• Feedback on the changing care landscape; what’s working well/not so well

• Support the implementation work through a robust communications campaign

• Thank you for listening today