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This presentation by Hazel Summers, Head of Strategy Commissioning, provides an overview of community care legislation, social care provision in Manchester, the new governance model, financial implications, and challenges. It delves into the history of care and support laws, the Care Act 2014, implementation timeline, and the shift towards personalization and prevention in adult social care services.
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Local Authority implementation of the Care Act 2014 Hazel Summers Head of Strategy Commissioning
Overview of this presentation Section HeadingSection Subheading • 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 Slide 2
A brief history of care and support Social care law and policy has evolved over more than 65 years, incorporating around 30 Acts of Parliament, but reform has usually been piecemeal. National Assistance Act 1948: established the welfare state and abolished the Poor Laws NHS and Community Care Act 1990: first major set of reforms, including first right to assessments and start of commissioner/ provider split. Community Care (Direct Payments) Act 1996: new powers to make direct payments Health and Social Care Act 2001: updates on direct payments 1948 1960… 1970… 1980… 1990… 2000… 2010… Chronically Sick and Disabled Persons Act 1970: reforms to key entitlements to community services Carers (Recognition and Services) Act 1995: the first Act to recognise carers Carers and Disabled Children Act 2000: extending direct payments to carers The Care and Support Reform Programme
The reform timeline The 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. Engagement and pre-legislative scrutiny on draft Bill ________________ Jul 2012 – Jan 2013 Law Commission Report __________ May 2011 • Caring for our Future White Paper • Draft Care and Support Bill • Progress report on funding ______________ July 2012 Care Act in Parliament __________ May 2013 – May 2014 Implementation _____________ April 2015 – April 2016 Caring for our future engagement _____________ Sept - Dec 2011 Vision for Adult Social Care ___________ Nov 2010 Dilnot Commission Report __________ July 2011 Announcement on funding reform ______________ Feb 2013 Consultation on draft regulations and guidance ______________ Jun - Aug 2014 The Care and Support Reform Programme
Caring for our Future 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: • 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 The Care Act 2014 implements this vision. The Care Act: reforming care and support
What do we do now in terms of adult social care provision? Section HeadingSection Subheading • 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 Slide 6
A picture of the process Section HeadingSection Subheading Slide 7
Current eligibility through FACS Section HeadingSection Subheading • Individual Budget to bands 1 & 2 at present • Statutory duty under Fair Access to Care Services • Critical – care needed NOW • Substantial– Care needed in next 6 weeks • We meet Low and Moderate needs via early intervention and prevention work e.g. social care equipment and community alarm Slide 8
Living Longer Living Better: What are we aiming to achieve across the health and social care economy? Section HeadingSection Subheading Slide 9
New Directions via the Care Act 2014 “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 Section HeadingSection Subheading Slide 10
New opportunities Section HeadingSection Subheading • 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 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