Common European Guidelines and Toolkit on the use of Structural Funds

1. Common European Guidelines and Toolkit on the use of Structural Funds Ines Bulic, Researcher European Expert Group on the Transition from Institutional to Community-based Care (EEG) 11 October 2012

2. Overview of the presentation • About the European Expert Group • Common European Guidelines on the Transition from Institutional to Community-based Care • Toolkit on the use of European Union funds

3. About EEG

4. Achievements so far • Report of the Ad Hoc Expert Group (so-called Commissioner Špidla’s Report) (2009) • Advising European Commission (DG EMPL and DG REGIO) on the use of EU SF in Bulgaria, Czech Republic, Hungary, Slovakia, Serbia • Advising the Member States, for example Bulgaria, Czech Republic, Slovakia

5. Objectives of the Guidelines • Offer expertise and impartial advice to Member States and EU institutions • Gather and promote practical examples of good practice • Raise awareness about the right to live in the community at EU level • Ensure that EU and national policies and funding mechanisms support DI • Encourage Member States to fully involve user groups

6. Common = Children (with and without disabilities) Persons with disabilities Persons with mental health problems Older people

8. Key elements • Tailored to Member States at different stages in the process of transition • Guidance on how to ensure actions taken are in line with the CRPD, CRC and the ECHR • Key guidance outlining risks and challenges in the process • Case studies presenting good practice • Emphasis on management, cross-sectoral coordination and user involvement

9. Holistic approach to DI • Development of high-quality, individualised services in the community, including those aimed at preventing institutionalisation and the transfer of resources from institutions to the new services • Planned closure of long-stay residential institutions, including a moratorium on the building of new institutions • Making mainstream services accessible and available to individuals with a variety of support needs

10. What is an institution? • Size matters, but it is not what defines an institution. • It can be a place where 10 people live together, or where 350 people live together. ©Yana Buhrer Tavanier ©ENIL

11. It is the following characteristics that define an institution • residents are isolated from the broader community and/or compelled to live together • they do not have sufficient control over their lives and over decisions which affect them • the requirements of the organisation itself tend to take precedence over the residents’ individualised needs

12. Chapter 1 • Build the vision for the future lives of children and adults with care and/or support needs, and get all the stakeholders on board. • Provide incentives to encourage leadership.

13. Chapter 2 • Ensure strategies and action plans are based on the assessment of the population and the system, as well as the available resources – at the national and local level.

14. Chapter 3 • When drafting a DI strategy, make sure that the person using or needing the services is at the centre of the reform. • Ensure the strategy covers both measures to prevent institutionalisation and the need for alternative care, and measures aimed at supporting community living of people currently in institutions. • With the involvement of all stakeholders, develop realistic action plans to accompany a DI strategy.

15. Chapter 4 • Build legislative support for the inclusion of all groups in the community - review existing legislation and policies.

16. Chapter 5 • Ensure that services developed are based on the following principles: • full participation in the community, • choice and control • person-centred and child-centred support • continuity of service delivery • separation of housing and support, and • dispersed over cluster style housing.

17. Chapter 6 • Make sure any plans or policies are accompanied by funding commitments, and that they take account of both available and required resources. • Use Structural Funds to cover transitional costs.

18. Chapter 7 • When developing individual care and support plans and during all the stages of the planning process, facilitate meaningful participation of users, their support persons, families or carers.

19. Chapter 8 • It is not enough to physically move the people to their new places of living: • Plan each move carefully • Support the carers, and • Work with the communities.

20. Chapter 9 • In the framework of a DI strategy, develop quality standards linked to the rights and quality of life of service users. • Avoid the risks associated with setting standards. • Build policies and strategies for monitoring and evaluation into all stages of deinstitutionalisation process.

21. Chapter 10 • The success of a DI strategy depends on the availability of a well-trained and motivated workforce. • Counter resistance by involving the staff in the process from the very beginning.

22. Using EU Structural Funds to support DI • MS can use the European Social Fund (ESF) to support: • Development of services, including early intervention, family support, foster care, personal assistance, rehabilitation, community-based residential support, independent living schemes and supported employment • Management of the change process • Development of a qualified workforce, including retraining institutional care staff

23. Using EU Structural Funds to support DI • MS can use the European Regional Development Fund (ERDF) to support: • Targeted investments in mainstream health and social infrastructure, education, housing and specialised services where necessary • ERDF should not be used: • For building, renovation or modernisation of long-stay residential institutions

24. Regulatory framework 2007 - 2013 • General Regulation Article 16 – non-discrimination • Fund specific Regulations ESF to support actions “reinforcing the social inclusion of disadvantaged people with a view to their sustainable integration in employment and combating all forms of discrimination in the labour market”. ERDF to support “investments in health and social infrastructure which contribute to regional and local development and increasing the quality of life”.

25. This is not reflected in how Structural Funds are used • In Romania, 29 MEUR SF used to renovate 39 existing institutions (2007 – 2013) • In Slovakia, more than 185 MEUR SF invested in renovating or constructing 130 institutions with 50+ residents (2008 – 2010) • In Bulgaria, plans to build 149 “small group homes” for 12 – 14 children each • In Hungary, SF can be used to build institutions for up to 50 people

26. Lessons learned • Lack of clear direction on developing alternatives to institutional care • Residential institutions reconstructed, expanded and built • Restrictive interpretations of the rules for Structural Funds • Barriers to the development of community services • Lack of transparency • Poor monitoring and evaluation • Barriers faced by smaller to mid-size NGOs when applying for SF

27. What next? Programming period 2014-2020 • European Commission’s proposals for Common Provisions Regulation and fund specific Regulations • Currently negotiated with the European Council and the European Parliament

28. Clearer objectives • Supporting structural change in the health and social care systems • Combining investments into infrastructure with workforce development and improving mainstream services • Supporting sustainable reforms • Promoting social innovation • Simplified rules

29. New regulatory framework 2014-2020

30. Common Provisions Regulation • Objective on promoting social inclusion and combating poverty • Need to comply with EU and national law (i.e. UN Convention on the Rights of Persons with Disabilities) • Prevention of discrimination Ex ante conditionalities • Thematic – strategy for a shift from residential to community-based care • General – mechanism to ensure effective implementation of UN CRPD

31. Fund specific regulations • “Promoting social inclusion and combating poverty” an investment priority • Explicit reference to transition from institutional to community-based care • Principles of equal opportunities and non-discrimination

32. Common Strategic Framework • Transition from institutional to community-based care as one of key ESF and ERDF actions • General implementation principle: the CSF funds may not be used for actions contributing to any form of segregation and discrimination • Other key actions such as education and enhancing institutional capacity • European Code of Conduct on Partnership

33. Toolkit checklists • Partnership contracts • ESF and ERDF Operational Programmes • Questions and indicators for the selection of projects to be funded by SF • Monitoring • Evaluations

34. Other useful publications • Getting a Life: Living Independently and Being Included in the Community (legal analysis of SF potential to contribute to achievement of Article 19 of the UN CRPD), May 2012 • The European Union and the Right to Community Living: SF and the EU Obligations under the UN CRPD, May 2012

35. Contact details Ines Bulic coordinator@community-living.info Thank you!