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the Care ACT 2014

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by

Glen Oldfield

on 16 December 2014

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Transcript of the Care ACT 2014

Potential growth areas for:
preventative support services
carer services
Information and advice
Wellbeing services
Eligibility
Introduces a nationally set minimum threshold for care making it clear when local authorities will have to provide support to people.
Wellbeing
Duty to consider the physical, mental and emotional wellbeing of the individual needing care.

Duty to provide preventative services to maintain people’s health to delay a person's need for care.
Dilnot cap
Personalisation & market shaping
Person-centred planning process with duty to involve.

Personal budgets and direct payments enshrined in law. Choice and control about how care and support is provided!

Real personalisation through market shaping role to guarantee quality and diversity of local services.
Overview of the Act
The most comprehensive overhaul of social care since 1948. Legislation consolidated and modernised into a single legal framework.

Paradigm shift!
Social care no longer about disability or ill-health. New focus on wellbeing and prevention.
the Care ACT 2014
Carers
All carers will be entitled to an assessment. If a carer is eligible for support for particular needs, they will have a legal right to receive support for those needs, just like the people they care for.
Info & advice
Mandatory
deferred payment scheme
. This means no one should be forced to sell their home during their lifetime to pay for their residential care.

Government help kicks in far earlier than before. People with 'moderate wealth' (£118,000 worth of assets or less) will receive financial support thanks to a
higher threshold
.
Integration
General duty to promote integration with health services and health-related services.

- & -

More specific clause which links to the Better Care Fund. Facilitates pooling of NHS budgets and allows NHS England to set CCGs integration objectives (effectively forcing their hand!)
The Act sets out broad, high-level requirements for what Councils should provide in terms of information and advice services. This includes I&A about:

how the care and support system works
what services are available locally and how to access those services
how to raise safeguarding concerns
financial advice and where to get independent specialist advice
Safeguarding
Safeguarding Adults Boards are now statutory. Core membership is prescribed in the Act.

Partners have a duty to co-operate with the Council on safeguarding matters and to supply information upon request.

Serious Case Reviews have been given a statutory status in circumstances where there is serious neglect/abuse or death.
Market Oversight and provider failure
..the rest
Establishes
Health Education England
and the
Health Research Authority
.

These new independent bodies will ensure the NHS has robust and future-proof workforce development plans, and that research is regulated to make it safe and ethical.


- End -
Adult Social Care Reform Programme Board
Programme Board
Workforce
Info &
advice
Led by Mark.

Developing universal provision of I&A as specificed in the Act.

Ensuring accessibility.

Ensuring provision of advocacy and independent financial advice.
Financial modelling
Assessment of need
Safeguarding
Led by Glynis.

Revising Safeguarding Adults Board terms of reference and reviewing/updating safeguarding protocols.
IMPLEMENTATION TIMETABLE
October
April 2015
April 2016
June
May 2014
Royal Assent
What are the opportunities?
Further funding reforms
Consultation on the draft regulations & guidance
Part One comes into force
Cap on costs comes into force
Regulations & guidance laid
Only assessed eligible needs count towards the cap.

Does not include living costs. A person in residential care will be expected to pay £12k to meet their 'hotel costs'.

Carers with eligible needs are excluded from the cap.
Some T&Cs
Older people = £72k

Working age people = 40-42K (tbc in regs)

18 year olds = £0


Note: The cap you are given when you enter the system stays with you for life.
How much is the cap?
A type of
social insurance
to prevent catastrophic costs. Once the cap is reached the state will pay for that person's care for the rest of their life.
Regulation and Care Standards
In response to the Francis Report...

Criminal offence for providers to supply false or misleading information.

OfSTED-style ratings for hospitals and care homes so public can exercise choice by comparing services.

CQC's Chief Inspector of Hospitals role beefed up.
In response to Southern Cross...

CQC given authority to conduct business sustainability review.

Where there is a threat of failure the provider must share info with the LA and CQC so that plans can be made for continuing care

Councils will have a temporary duty to meet needs when a provider fails
Carers
Led by Tudur and Bill.

Looking at systems for deferred payments, assessments, and care accounts. Remit includes financial assessments and assessing and meeting the needs of
carers
and
self-funders
.
Led by Roger.

Estimating overall cost impact of the Act.

Incorporating costs into medium term financial plans
Led by Bruce.

Organising training and development for staff.

Ensuring skill-mix and capacity to meet new duties.
Oversees implementation and...

Has particular regard for the legal implications of the new statutory powers and duties

joins up local implementation with national and regional plans

Ensures that the Care Act requirements and impacts are embedded in the corporate strategy.
Workstreams
Full transcript