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The Care Act 2014: the future legal framework for care and support Tim Spencer-Lane

The Care Act 2014: the future legal framework for care and support Tim Spencer-Lane. Skills for Care – 15 May 2014. Statutory framework. National Assistance Act 1948. Health Services and Public Health Act 1968. Health and Social Care Act 2001. Carers legislation.

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The Care Act 2014: the future legal framework for care and support Tim Spencer-Lane

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  1. The Care Act 2014: the future legal framework for care and supportTim Spencer-Lane Skills for Care – 15 May 2014

  2. Statutory framework National Assistance Act 1948 Health Services and Public Health Act 1968 • Health and Social Care Act 2001 Carers legislation Chronically Sick & Disabled Persons Act 1970 Adult social care NHS and Community Care Act 1990 Section 254 & Sch 20 of the NHS Act 2006 Disabled Persons (Consultation, Recognition and Services Act 1986 Section 117 of the Mental Health Act 1983

  3. Section 29: welfare arrangements for blind, deaf, dumb and crippled persons etc “ … persons aged 18 or over who are blind, deaf or dumb, or who suffer from mental disorder of any description and other persons aged eighteen or over who are substantially and permanently handicapped by illness, injury, or congenital deformity … ”

  4. Section 47 National Assistance Act 1948: compulsory removal power • Suffering from grave, chronic disease or aged, infirm or physically incapacitated • Living in insanitary conditions and not receiving proper care and attention • Detention for up to 3 months • 6 weeks before orders can be challenged Joint duty on health and social services to provide after-care services for people discharged from compulsory detention in psychiatric hospital under section 3, 37, 45A, 47 or 48

  5. General responsibilities of local authorities

  6. Section 1: Duty to promote individual well-being

  7. Section 1(2): well-being checklist

  8. General duties

  9. Adult Social Care Project Duties to co-operate General duty to co-operate with relevant partners (section 6)

  10. Assessment and eligibility

  11. Sections 9-12: assessing needs 2. The process for assessment • Duty to assess where adult appears to need care and support • Right to refuse an assessment • Duty to consult adult, carers and any other named person • Assessment regulations

  12. Section 13: eligibility criteria 2. The process for assessment • A single eligibility framework for all services • Duty on Government to set eligibility criteria in regulations • New national minimum threshold set at “substantial” • New regulations in place from April 2015

  13. Duty to assess any carer who appears to have need for support No need to request an assessment No substantial/regular requirement Eligibility criteria for carers’ services Duty to meet carer’s needs (s.20) Sections 10-13: carers’ rights

  14. Funding reforms, and next steps after assessment

  15. Adult Social Care Project Funding reforms Cap on care costs: • £72, 000 for older people • Lower for people of a working age • £0 for 18 year olds

  16. Section 18: duty to meet needs

  17. Right to a care and support plan (s.25) Personal budgets (s.26) Care accounts (s.29) Preferred accommodation provisions (s.30) Direct payments (ss. 31 to 33) Next steps after assessment

  18. Adult safeguarding

  19. Section 42: safeguarding enquiries

  20. Duty on local authority to establish an SAB Objective is to help and protect adults at risk of abuse or neglect SAB may do anything necessary or desirable to achieve this aim NHS and police must nominate members with required skills and experience Statutory safeguarding adults reviews (s. 44) Duty to provide information to an SAB (s. 45) Section 43 and Schedule 2: Safeguarding Adult Boards

  21. Adult Social Care Project Safeguarding powers Repeal of section 47 of the National Assistance Act 1948

  22. Other reforms

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