The Care Bill: Reforming care and support

1. The Care Bill:Reforming care and support 21 March 2014

2. What does the Care Bill do? The Bill is built around people, it: • ensures that people’s well-being, and the outcomes which matter to them, will be at the heart of every decision that is made; • puts carers on the same footing as those they care for; • creates a new focus on preventing and delaying needs for care and support, rather than only intervening at crisis point, and building on the strengths in the community; • embedding rights to choice, personalised care plans and personal budgets, and ensuring a range of high quality services are available locally. The Bill makes care and support clearer and fairer, it: • extends financial support to those who need it most, and protects everyone from catastrophic care costs though a cap on the care costs that people will incur. • will ensure that people do not have to sell their homes in their lifetime to pay for residential care, by providing for a new universal deferred payments scheme; • provides for a single national threshold for eligibility to care and support; • supports people with information, advice and advocacy to understand their rights and responsibilities, access care when they need it, and plan for their future needs; • gives new guarantees to ensure continuity of care when people move between areas, to remove the fear that people will be left without the care they need; • includes new protections to ensure that no one goes without care if their providers fails, regardless of who pays for their care. The Care Bill: reforming care and support

3. Progress in Parliament The Care Bill has almost completed its passage through Parliament, after nearly five years’ development and engagement. Draft Care & Support Bill Royal Assent A 1 2 R 3 1 2 R 3 C C • Ping-pong planned for April 2014. • Royal Assent expected in April/May 2014. • Law Commission 3-yr report on adult social care published in May 2011. • Draft Care and Support Bill published in July 2012. • Public consultation to mid October 2012. • Pre-legislative scrutiny report in March 2013. • Bill introduced to Parliament in May 2013 • Lords Second Reading on 21 May 2013. • Lords Committee stage from June-July 2013. • Lords Report stage and Third Reading in October 2013. • Commons Second Reading on 16 December 2013. • Commons Committee stage in January 2014. • Commons Report stage and Third Reading in March 2014. The Care Bill: reforming care and support legislation

4. Implementing the reforms Primary legislation – the Care Bill The legal duties and powers Secondary legislation – the regulations More detail on critical requirements, often related to processes. The scope of regulations will depend on the powers specified in the Bill. Statutory guidance Guidance on how to meet legal obligations in the Bill. Will set out at a high-level the expectations of local authorities when exercising their functions. These are not mandated requirements, but the LA must have “cogent” reasons that it can legally justify if it wants to take another course. Practice guidance/implementation support Best practice guidance, toolkits and other products which help support implementation. These do not have any legal status, so may be used by LAs, or not. They will vary from one area to another, and should be agreed/co-produced with stakeholders to ensure buy-in. The Care Bill: reforming care and support

5. Regulations and guidance Major programme of work underway to produce the regulations and statutory guidance. Being produced in partnership with a wide range of stakeholders – in the same collaborative approach used to produce the Bill.   Draft regulations and guidance for 2015/16 will be published for public consultation in May 2014. Final publication of regulations and guidance in October 2014. There will be around 20 sets of regulations, including: Assessment National eligibility criteria Charging Financial assessment Care planning Direct payments Continuity of care Ordinary residence Choice of accommodation Deferred payments Market oversight The Care Bill: reforming care and support

6. Implementing the reforms: management The reforms will involve significant changes to how local authorities operate currently. Wide-ranging engagement with local government and other key stakeholders to shape and guide reforms. DH, LGA and ADASS has established a joint programme office to support implementation and understand LA readiness and risks to delivery. Now looking to add provider and voluntary sector support to the office. Range of implementation tools being co-produced covering practice guidance, IT, workforce training, commissioning standards, and financial modelling. The Care Bill: reforming care and support

7. Implementing the reforms: governance The Care and Support Reform programme will realise the vision Strong connection with stakeholder groups Links to other Programme Boards that support delivery Department of Health Board Care and Support Transformation group Supports the delivery of the WP reforms through direct engagement with the sector Outcomes and Information Development Board (OIDB) Overall local government social care informatics programme Department of Health Major Programmes Board Social Care Oversight Board Informatics Services Commissioning Group (ISCG) of Health and Social Care Information Centre (HSIC) / NHS E-led work on which delivery of this programme is dependent Think Local Act Personal (TLAP) Cross-sector leadership partnership focused on driving forward work with personalisation & community-based social care Care and Support Reform Programme Board • Deliver the legal framework, including the Care Bill, regulations and statutory guidance • Ensure that appropriate local government implementation plans are in place for Apr 15 and Apr 16 • Provide national leadership and practical support for implementation Adult Social Care Workforce Programme Delivery Board Oversees White Paper commitments for the adult social care workforce Towards Excellence in Adult Social Care (TEASC) Focus on local government performance improvement Plus LGA and ADASS Groups and Boards. Plus provider groups, VCS organisations, Care & Support Alliance, etc. The Care Bill: reforming care and support

8. Stakeholder engagement groups Care & Support Programme Board Prevention Care Planning & Personalisation Assessment & Eligibility Care Markets Law Reform Paying for Care Charging for Care Quality & Safety Information & Advice Work-streams Care planning & personalisation Working Group A&E Task & Finish Group (TG) DCMQC Project Board Integration Implementation Board Paying for Care Task & Finish Group (with input from ADASS Resources network) NHS key Stakeholder Groups Inter- departmental Ministerial Group (IDMG) TLAP Info, Advice & Brokerage working group LGA/ADASS Working group Working Age Adults working group ADASS Housing Network Cross-Governmental officers Group Info and Advice Core Advisory group Cross-border placements Virtual reference group Market Oversight & Provider Failure working group ITF Ministerial Board Transition working group Groups Delegation Virtual Advice Network Prevention Task and Finish Group Advocacy Core Advisory Group Mkt shaping & commissioning sub-group of TLAP’s National Market Forum C&S in Prisons:: Health & Justice Partnership Board Safeguarding Adult Advisory Group (SAAG) Ordinary Residence Virtual reference group Continuity of care Virtual Advice Network CSA Bill Group • 4x Stakeholder • T&F Groups: • Family and Community • Safeguarding Adults • Multi-agency • Practice • Virtual reference groups: • Advocacy • Info & Advice Choice of accommodation Virtual reference group Virtual reference group – Transitional Provision X-Government carers’ strategy Board Standing Commission on Carers Virtual reference group – Sight Registers Enablers Communications Paying for the Reforms Workforce Informatics National Informatics Board Care and Support Reform Comms Group Outcomes & Information Development Board ADASS IMG Longer-term group (TBC) Paying for Care Task & Finish Group (with input from ADASS Resources network) Adult Social Care Workforce Development Board The Care Bill: reforming care and support

9. Implementing the reforms: challenges ahead • Scale and complexity of the task facing local authorities and the demands on capacity, and competition for attention. • Need to maintain engagement in key areas of policy, regulation and guidance, and consider further support needs for implementation. • Communications challenge to ensure public awareness and local readiness for reforms. • Great deal of the context for the Bill clear, but some key policy yet to be finalised – e.g. working age cap. • Links to Better Care Fund and Integration which are a key part of delivery of social care reform. • IT – meeting the requirements of the Bill but also the future challenge of integration, shared records and customer access. • Workforce – developing the skills, ensuring capacity, at the pace required to meet local needs and respond to local challenges. The Care Bill: reforming care and support

10. Implementing the reforms: more information New web site – http://www.local.gov.uk/care-support-reform The Care Bill: reforming care and support

11. What happens next? The Bill has almost completed its passage through Parliament. Expected to receive Royal Assent by May 2014. Public consultation on draft 2015/16 regulations and statutory guidance from May 2014. Finalise 2015/16 regulations and guidance by October 2014. Ongoing work to develop practice guides, toolkits and implementation support over 14/15. New statute will come into force from April 2015. (Funding reforms come into effect from April 2016). The Care Bill: reforming care and support legislation