THE CARE ACT The Statutory Guidance What’s in it for social workers Pete Feldon Independent Workforce Development Consultant [email protected] What I am going to talk about • A bit about myself • Finding out what you know • Overview of the Care Act Guidance • What the Guidance says about the role of social workers • Time for discussion and questions A bit about myself • Workforce development consultant and trainer • Background of working in many sectors of social care as a social worker, trainer, manager and policy developer • Worked for local authorities and the NHS in north and east London • Member of the Board of Skills for Care (November 2012 - November 2014) – nominated by BASW • Currently working with local authority clients of the Institute of Public Care (IPC) on various aspects of Care Act implementation, including training How much do you know?? • Nothing • Know it is to come into force in April 2015 • Read the some of the Act • Read some of the Statutory Guidance What are the most important changes? • Independent advocates • National eligibility criteria • Statutory requirement for prevention • Cap on care costs Care & Support Statutory Guidance • Published in late October • Over 200,000 words What the Guidance says about the role of social workers • managing complexity • safeguarding • providing advice to other staff • debt recovery Providing Social Work Advice • Information and advice – staff undertaking this role should have “access to the support of registered social work advice” • Person-centredness – “In ensuring that the (care and support planning) process is person-centred, the local authority should ensure that ..there is sufficient local availability of …access to social work advice.” Debt Recovery • Positive resolution through use of social work skills • Mediation • Debt indicative of a wish to leave a care home or depression, mental ill-health or dementia Managing Complexity • Eligibility • Prevention • Safeguarding • ‘Substantial difficulty’ in involvement • ‘Sufficiency’ of the personal budget National eligibility framework  After completion of the assessment process, the local authority will determine whether the individual has eligible needs  The Act introduces a national eligibility threshold: - whether the person has needs due to a physical or mental impairment or illness - whether those needs mean that they are unable to achieve two or more specified outcomes - as a consequence there is, or is likely to be, a significant impact on their wellbeing 11 Interpreting the eligibility criteria The specified outcomes are:  Managing and maintaining nutrition An adult meets the eligibility criteria if:  Their needs are caused by physical or mental impairment or illness  As a result of the adult’s needs they are unable to achieve two or more specified outcomes  As a consequence there is or is likely to be a significant impact on the person’s well-being  Maintaining personal hygiene  Managing toilet needs  Being appropriately clothed  Being able to make use of the home safely  Maintaining a habitable home environment  Developing and maintaining family or other personal relationships  Accessing and engaging in work, training, education or volunteering  Making use of necessary facilities or services in the local community including public transport and recreational facilities or services Carrying out any caring responsibilities the adult has for a child 12 Interpreting the eligibility criteria An adult meets the eligibility criteria if:  Their needs are caused by physical or mental impairment or illness  As a result of the adults needs they are unable to achieve two or more specified outcomes  As a consequence there is or is likely to be a significant impact on the person’s well-being An adult is to be regarded as being unable to achieve an outcomes if the adult:  is unable to achieve it without assistance;  is able to achieve it without assistance but:  doing so causes them significant pain, distress or anxiety;  doing so endangers or is likely to endanger health or safety;  takes significantly longer than would normally be expected. 13 Eligibility threshold An adult meets the eligibility criteria:  Their needs are caused by physical or mental impairment or illness  As a result of the adults needs they are unable to achieve two or more specified outcomes  As a consequence there is or is likely to be a significant impact on the person’s well-being An adult is to be regarded as being unable to achieve an outcome if the adult:  is unable to achieve it without assistance;  is able to achieve it without assistance but doing so causes the adult significant pain, distress or anxiety;  is able to achieve it without assistance but doing so endangers or is likely to endanger the health or safety of the adult, or of others; or  is able to achieve it without assistance but takes significantly longer than would normally be expected. The specified outcomes are:  Managing and maintaining nutrition  Maintaining personal hygiene  Managing toilet needs  Being appropriately clothed  Being able to make use of the home safely  Maintaining a habitable home environment  Developing and maintaining family or other personal relationships  Accessing and engaging in work, training, education or volunteering  Making use of necessary facilities or services in the local community including public transport and recreational facilities or services  Carrying out any caring responsibilities the adult has for a child 14 Wellbeing includes the following… • personal dignity (including treatment of the individual with respect) • physical and mental health and emotional wellbeing • protection from abuse and neglect • control by the individual over day-to-day life (including over care and support • provided and the way it is provided) • participation in work, education, training or recreation • social and economic wellbeing • domestic, family and personal relationships • suitability of living accommodation • the individual's contribution to society National carers eligibility framework  After completion of the assessment process, the local authority will determine whether the carer has eligible needs  Carers can be eligible for support in their own right  The Act introduces a national carers’ eligibility threshold: - whether the carer’s needs are due to providing necessary care for an adult - whether those needs puts the carer’s health at risk or means that they are unable to achieve specified outcomes; and - as a consequence there is, or is likely to be, a significant impact on their wellbeing 16 Prevention • Preventing or delaying the development of needs for care and support, and also reducing needs that already exist – can help people maintain independence for longer • Information and advice to be given regardless of eligibility • Assessments to consider whether the person “would benefit” from preventative and other services • Should be evidence-based? • Preventive services could result in a person no longer meeting eligibility criteria • Recognised that training is needed to extend skills in prevention Safeguarding – what’s new • Section 42 – statutory duty to “make enquiries” • Three conditions to be met : – the adult has needs for care and support – reasonable cause to suspect that the adult is experiencing or at risk of neglect – as a result of those needs is unable to protect him or herself from the abuse, or the risk of it • The LA must make (or cause to be made) whatever enquiries it thinks necessary to enable it to: – decide whether any action should be taken – if so, what and by whom • Likely that many enquiries will require the input and supervision of a social worker ‘Substantial difficulty’ in involvement • Consider if a person might have substantial difficulty in being involved with the care and support process or safeguarding • Areas of difficulty: – understanding the information provided – retaining the information – using or weighing up the information as part of the process of being involved – communicating the person’s views, wishes or feelings. • Areas of difficulty are the same as those listed in section 3 of the MCA when considering capacity Supporting a person’s involvement Might this person have difficulty in being involved? Do they still have ‘substantial difficulty’ in being involved? Yes Can they be better supported to enable their involvement?  Yes Provide support and make adjustments Yes Agree ‘appropriate individual’ No Duty to arrange for independent advocate [Reasonable adjustments under the Equality Act 2010] Yes Is there an ‘appropriate individual’ – a carer, friend or relative – that can facilitate their involvement?   20 ‘Sufficiency’ of the personal budget  The personal budget must: – always be sufficient – reflect the cost to the local authority of meeting the person’s needs  Direct payments are not intended to be less than is required to purchase care and support on the local market Will you get training? • Plenty more to learn. • Only touched on roles and tasks specific to social workers • Local authorities have been given £4m additional funding for training • Learning materials available: – http://www.skillsforcare.org.uk/careact – http://www.scie.org.uk/care-act-2014 Thank you for listening Questions welcome