LEGISLATION IMPLICATIONS FOR MOVING AND HANDLING PRACTICE

1. LEGISLATION IMPLICATIONS FOR MOVING AND HANDLING PRACTICE • Presented by: Susan Clayton • on behalf of TCR Training Ltd

2. Where is legislation taking moving and handling practice in Health and Social Care? What are the implications for practitioners following on from the Carers Support Bill and associated legislation and professional guidance?

3. The Francis Report • Extensive inquiry into failings at Mid-Staffordshire NHS Foundation Trust. • Resulted in 290 recommendations with major implications for all levels of the health services across England, which the Government undertook to fully implement 204.

4. Workforce Implications • From April 2014, all hospitals will publish staffing levels on a ward by ward basis. • 5000 patient safety fellows will be trained and appointed by NHS England within 5 years, to be champions, experts and leaders and motivators in patient safety. • A new CRIMINAL OFFENCE for wilful neglect, holding organisations, and staff responsible for the very worst failures in care are held accountable. • A new Care Certificate to ensure that Health Care Assistants and Social Care Support workers have the fundamental training and skills needed to provide personal care to patients and service users. • (NHS Employers –The Francis Inquiry)

5. The Cavendish Report Camilla Cavendish was commissioned to carry out an independent review into health care assistants and support workers in the NHS and Social Care following the Francis Inquiry and failings reported at Winterbourne View. The recommendations are grouped into four key themes: • Recruitment, training and education • Making caring a career • Getting the best out of people: leadership, supervision and support. • Time to care

6. THE CARE and SUPPORT BILL The Rights, Choices, Health and Wellbeing of the Service User The Rights, Choices, Health and Wellbeing of the Worker “For the first time, carers will be recognised in the law in the same way as those they care for”. Department of Health

7. Why Change the Law? The eligibility framework at the moment is set out in guidance, There are different tests for different types of care and support, Which can be confusing and arbitrary.

8. What does the draft Bill do? • Creates a single duty for Local Authorities (LA) to undertake a ‘carers’ assessment’. • The assessment is to consider the impact of caring on the carer, and determine what support needs may be required.

9. What does the draft Bill do? • The LA should have a duty to determine whether the adult needs for care and support are eligible. • This duty would have a similar effect to section 47(1)(b) of the NHS and Community Care Act 1990, but would be the sole means an individuals eligibility for care and support is determined.

10. The Eligibility Framework The objectives of the new statute is to establish an individuals’ legal entitlement to care and support. Will be facilitated by the LA at two levels. 1. To establish entitlement to ‘universal services’ – services the LA is under a duty to provide to local people regardless of NEED. 2. To determine specific entitlement to care and support for people who have eligible needs, determined by an assessment regardless of their financial resources.

11. Implications to the Local Authority • On completion of an eligibility assessment the LA must determine what the support needs are ‘eligible’ for support. • This could be interpreted: A duty of care to ensure an adequate level of competence and appropriate skills from the carer to undertake moving and handling tasks, would need to be considered.

12. PERSONALISATIONSelf Directed Support ‘The concept of personalisation has shifted the emphasis in public policy from a service led approach to one which means recognising people as individuals who have strengths and preferences and putting them at the heart of their own care and support’ (Social Care Institute for Excellence, (SCIE) 2010).

13. Self Directed SupportSource of Employment for PA’s 2012 There are an estimated 420,000 PA jobs for recipients of direct payments the demand for PAs is predicted to grow, largely as a result of Britain’s ageing population (Skills for Care 2012, State of Adult Social Care report)

14. PERSONALISATION Eligibility assessments for Direct Employers will need to meet statutory health and safety and employment laws

15. How to Identify Training Needs What does the Law state?

16. Health & Safety at Work Act 1974 Duties of Employers • Employers must provide: • sufficient information, instruction,trainingandadequate worksupervision to ENSURE employee’s health & safety at work

17. HOW WOULD THE EMPLOYER OR PERSONAL ASSISTANT KNOW WHAT THEY ARE RESPONSIBLE FOR? EDUCATION AND TRAINING

18. Training Health Education England(HEE) It is the first time ever that a single organisation has had responsibility for all NHS staff education, recruitment, trainingand development to help NHS staff improve their ability to care for patients.

19. Local Education Training Boards(LETBs) • Local education and training boards (LETBs) are part of the new education and training architecture. LETBs bring education, training and development together locally, to improve the quality of care and treatment of patients through the development of skills and values for staff.  (NHS Health Education England)

20. What are the Implications for the MH Trainer/Practitioner? • Accountability. • Quality Assurance and Improvement. • Outcomes

21. Reflection ANY QUESTIONS? ANY THOUGHTS? ANY FEELINGS?

22. TCR Training Ltd 309a High Road, Loughton, Essex, IG10 1AH Phone: 020 8502 1970 Email: tcr@tcrtraining.co.uk www.tcrtraining.co.uk

23. References • Health Education England. hee.nhs.uk/2013/05/28/new-education-and-training-measures-to-improve-patient-care/(accessed 06.11.13) • Health & Safety at Work Act (1974). www.legislation.gov.uk (accessed 03.11.2013) • NHS Employers. The Francis Inquiry. www.nhsemployers.org/The-Francis-Inquiry/Pages/Francis.aspx (accessed 02.12.2013) • NHS Employers. employersnhsemployers.org/PlanningYourWorkforce/educationandtraining/LETBs/Pages/LETBs.aspx (accessed 06.11.13) • SCIE (2010), ‘Personalisation. A rough guide’, by Sarah Carr, Social Care Institute for Excellence • Skills for Care (Oct 2012) The state of the adult social care sector and workforce in England, 2012. • The Cavendish Review www.gov.uk/government/uploads/system/uploads/attachment_data/file/236212/Cavendish_Review.pdf (accessed 2.12.2013)