Draft Care and Support Bill Disability Rights UK 12 November2012

1. Draft Care and Support Bill Disability Rights UK 12 November2012

2. Reforming the statute:Our aims We want a new statute for adult care and support which: • consolidates all existing legislation into one, single statute, supported by new regulations and statutory guidance. • is built around people – their needs and outcomes – rather than based on disability, setting or types of service. • treats carers as equal to the person they care for – putting them in the centre of the law and on the same legal footing. • is clearer and easier to navigate – a simple legal framework which people who need care, carers and those who manage and work in the system can understand. • modernises the law to reflect the priorities and focus of care and support – shifting the balance away from institutional care and towards prevention and community capital. • is consistent – removing anomalies where people can be treated differently without a clear reason. 2

3. Reforming the legal framework The new structure will have three layers, of which the Bill is one part: Primary legislation – the Bill The most important duties and powers Secondary legislation – the regulations More detail on critical processes Statutory guidance Guidance on best practice in meeting legal obligations and delivering care and support

4. Engaging on the draft Bill:Consultation and pre-legislative scrutiny We published the draft Bill for consultation and pre-legislative scrutiny: Public consultation ran until 19 October– but engagement will be ongoing after that. The next stage will be Pre-legislative scrutiny. This is the process where a Committee of MPs and/or Peers discuss the draft Bill and make recommendations for its improvement prior to formal introduction. The Committee are likely to ask for written submissions from interested parties in the autumn. There will be public evidence sessions which stakeholders will be invited to over the autumn/winter. The Committee publishes a report at the end of the scrutiny period, early in the New Year.

5. Clauses 1-7:General responsibilities Set out the general responsibilities of local authorities towards all people: The well-being principle underpins the entire legal framework. It sets a defining purpose for care and support, and influences the way all functions are carried out in relation to individuals. Universal obligations towards all local people: information and advice to help people understand the care and support system, access services and plan for the future services or other steps to prevent, reduce or delay needs for care and support promoting the market of providers so that there are high quality services to meet people’s choices Requirement to work collaboratively and cooperate with other public authorities, including duty to promote integration with NHS and other services.

6. Clauses 8-16:Assessments Start the person’s journey through the care and support system: Describe how needs can be met, to give an illustration for the clauses which follow. Single duties for assessment of people who may use services and carers. Focus of assessment on needs and outcomes – not other factors. Placing the eligibility framework in law for the first time, so that regulations establish what needs are “eligible” for local authority support. Clarifying powers for charging for certain types of care and support, and local authority duties in relation to financial assessments – so that is carried out transparently and consistently. Updated powers to offer deferred payment agreements, so that the person does not pay charges upfront.

7. Clauses 17-22:When must the local authority meet needs? Clarify who is entitled to have their care and support needs met by the local authority: Sets out the core entitlement for people to services – based on eligible needs, ordinary residence, and where relevant the outcome of the financial assessment. Includes a new right to request the local authority’s support for self-funders with eligible needs. The first right to support for carers – on the equivalent basis to the people they care for, and with clarity around how meeting those needs may include care directly for the person cared for. Broad powers for the local authority to meet needs in all other circumstances. Exceptions and prohibitions where the local authority may not meet needs – forming the boundary with the NHS (e.g. for Continuing Healthcare), housing and other public services.

8. Clauses 23-30:Care and support planning Describe what must happen after assessments to decide how needs should be met: Entitlement to a care and support plan, and requirement that local authority must help the person decide how to meet their needs. Duties to provide a record of assessment and information and advice on meeting and preventing needs to people who are not otherwise entitled to support. Right to a personal budget as part of the care and support plan. Entitlement to a choice of accommodation when someone is placed in a care home, with clear rules on the ability to make top-up payments for more expensive settings. Right to request a direct payment to meet some or all of needs in the care and support plan – including rules for people lacking mental capacity, and payments to another individual. New duties to review care and support plans, to ensure people’s needs and outcomes continue to be met over time, and re-assess when necessary.

9. Clauses 31-33:Moving between areas Enabling people to move between areas without the fear of losing care (“portability”): New duty to ensure continuity of care when moving between areas. Sending local authority must share the care and support plan and other information relating to the person and their carer. Receiving local authority must provide information before the move, assess the person’s needs, and then arrange to meet their needs on the day of arrival based on the previous care and support plan. Clarifying the deeming rules for ordinary residence for people placed in accommodation in another area, so that people cannot be left between areas with responsibility uncertain. Updating powers for the Secretary of State to resolve disputes between local authorities.

10. Clauses 34-38:Safeguarding The first statutory framework for protecting adults from abuse and neglect: New duty for local authority to carry out enquiries (or cause others to) where it suspects an adult is at risk of abuse or neglect. Requirement for all areas to establish a Safeguarding Adults Board to bring together LA, NHS and police to coordinate activity to protect adults from abuse and neglect. SABs to carry out safeguarding adults reviews into cases where someone who is experiencing abuse or neglect dies or there is concern about how authorities acted, to ensure lessons are learned. Removes the existing power (under NAA 1948) for local authorities to remove people from their homes – but see the separate consultation on whether a new power is needed to ensure local authorities are able to protect people effectively.

11. Clauses 39-44:Transition from children’s services New provisions to support better transition to adult care and support at the age of 18: New powers for local authorities to assess young people and young carers under the adult statute in advance of their 18th birthday, to prepare for transition. A new duty to assess the adult carers of children, to identify any support needs that could be met by adult services, and prepare for transition of the child. A power to provide support to meet the needs of carers of children – so that support can be provided from adults’ services in addition to that received by the family through children’s services. A new duty to ensure continuity of care around transition – so that if a young person is receiving services under the Children Act 1989 on their 18th birthday, but adult care and support is not ready to meet their needs, they must continue to receive the same service.

12. Clauses 45-53:Other provisions A series of other provisions to complete the legal framework: Restating existing powers for local authorities to recover debts – for instance where someone has failed to pay any charges due for their care and support. Re-enacting the provisions which focus the local authority and NHS on hospital discharges and reducing delays. A few small amendments to the provisions for people receiving after-care for mental disorder under the Mental Health Act. A requirement for local authorities to hold registers of blind and partially sighted people. A power to issue statutory guidance under which local authorities are to carry out their functions in the new statute. A new power for local authorities to delegate some of their functions to a third party – although they would still be legally responsible for ensuring duties are fulfilled.

13. Key milestones Now - April 2013 • Publication of White Paper & draft Bill (July 2012) • Consultation on draft Bill (to mid October 2012) • Pre-legislative scrutiny (autumn-early 2013) • Government response to PLS (Feb-March 2013) • Consultation on safeguarding intervention powers (July-October 2012) • Consultation on market oversight; and launch of support scheme for market shaping (Autumn 2012) • Care and Support Bill introduced to Parliament (from May 2013) • Consult on draft regulations and statutory guidance (over 13/14 and 14/15) • Implementation of new legislation (April 2015 onwards) April 2013 on

14. More information about the draft Bill For more information : The online portal : http://careandsupportbill.dh.gov.uk See more information, factsheets and opportunities for discussion on the Caring for our Future website: http://caringforourfuture.dh.gov.uk Email us at careandsupportbill@dh.gsi.gov.uk Write to us at: Draft Care and Support Bill Team 6th Floor, Richmond House 79 Whitehall London SW1A 2NS Follow us on Twitter: @caresupportbill