Care Act 2014: Social Care in Prisons Care Act 2014: Social Care in Prisons Information for prisons What is the Care Act? It simplifies and clarifies over 60 years of social care legislation, following the recommendations of a three-year review by the Law Commission. The majority of the Act becomes law from April 2015, excluding funding reforms e.g. cap on care which are due to come in from April 2016. The Care Act, for the first time makes Local Authorities, in this instance Kent County Council, responsible for meeting the social care needs of prisoners residing within their areas in prisons and approved premises. This responsibility includes the provision of information and advice, advocacy, assessment and the commissioning of services to meet eligible needs. As far as possible people in prison should be treated consistently and on the basis of equivalence to those in the rest of the population, which is a key principle enshrined in the Act. However, people in prison cannot qualify as carers, have a choice of accommodation nor receive direct payments (where someone is given an amount of money to spend on services to meet their needs as they choose). What is adult social care? Social care is support for people who have long term, complex needs arising from or related to a physical or mental impairment or illness, that prevent them from doing routine things each day and threaten their independence and wellbeing such as getting washed and dressed. It may also be short term help to get someone back to full fitness or mobility after a physical illness, or to help them recover from mental ill health. A social care assessment involves talking to people with these issues and finding out what areas of their lives are most affected, and what they want to improve. Support is then provided, which is regularly reviewed to make sure it is making a real difference to their wellbeing. If someone is unable to say what they need due to mental capacity or communication difficulties then an independent advocate may be arranged to help them explain what they need. Eligibility Local authorities must undertake an assessment for any adult with an appearance of need for care and support. Through this process, a decision will be made about whether a person’s needs are such that they need help from the local authority. Original Content by Surrey County Council Page 1 Care Act 2014: Social Care in Prisons This decision is made through the national eligibility criteria that sets a minimum threshold for adult care and support needs which local authorities must meet. All local authorities must comply with this national threshold. The eligibility threshold for adults with care and support needs is based on identifying how a person’s needs affect their ability to live independently, and how this affects their wellbeing. Anyone who is found not eligible must be told why in writing and given advice and information to help them stay well. Expectations If a prisoner thinks they may be eligible for services, then they should discuss this with the Healthcare professional in the first instance. How to refer Prisoners will be able to submit a form in the usual way asking for an assessment. It has been suggested that initial demand for an assessment may be high, so a screening checklist is being developed to give prison staff an indication of whether the individual is legitimate in their request for an assessment. The Screening Assessment should then be used by the Healthcare professional to determine whether a full assessment is required. The Kent County Council Prisoner Assessment tool should then be completed. If this identifies a clear care need which can be assessed for and provided by the Healthcare professional then the form should be completed in full. The relevant parts of the assessment should then be entered to SWIFT/AIS and sent to the Dartford Gravesham Swanley and Swale Area Referral Management Service team by emailing [email protected]. Should a more complex need be identified, parts two and four only of the Assessment tool should be completed and sent to the DGSS ARMS team for a specialist Assessor to visit and undertake an assessment.. Timescales for assessments and support plans have not yet been agreed, but this will be clear to prisoners to manage expectations. Where to go for further information Please talk to your local prison representative. Alternatively, please visit www.kent.gov.uk/careact which gives further details about the changes, as well as providing links to information provided by the Department of Health and GOV.UK websites. Original Content by Surrey County Council Page 2