How We Are Planning to Implement the Care Act

Brighton & Hove City Council
Adult Care Services
How We Are Planning to
Implement The Care Act 2014
This document describes our approach to the implementation of the Care Act 2014 in Brighton &
Hove. It does not set out what is in the Care Act. Further information on the changes outlined in the
Care Act can be found in the Department of Health’s factsheets link) and the summary sheet at
Appendix 1.
There has been a long period of national discussion about how the system of care and support in
England can be improved, particularly about the way that individuals fund the cost of their adult
social care.
Two important reports were published in 2011: The Law Commission’s review of Adult Social Care
law and the report of the Commission on Funding of Care and Support (Dilnot Commission). The
government accepted the principles of the recommendations in these reports and produced a white
paper called ‘Caring for our future’. This was followed by the Care Bill, which received Royal Assent
on 14 May 2014 and is now an Act of parliament.
The Care Act brings the biggest changes in adult social care in the last 60 years. The Act aims to
address previous problems in the law by:
Creating one main legal framework that is clear and easier to understand
Bringing the law up to date to focus on the outcomes that people want to achieve, rather
than their disabilities, and put the individual in control of their life
Improving areas of unfairness, such as the calculation used to decide who pays what for
Most of the changes in the law contained in the Act will come into force from April 2015. Reforms to
the funding of Adult Social Care will start from April 2016.
Some of the biggest changes that the new law will bring are:
General duties on councils about the health and wellbeing of its residents, integration,
prevention and providing information and advice
New rights for carers, putting them on the same legal footing as the people they care for
A national eligibility criteria
The way that people pay for care and support: A cap on the lifetime costs of care, increased
capital threshold, universal deferred payments.
What we do now and how much we will need to change
Although there are significant changes in the Care Act, it also consolidates and updates current law
and policy guidance. The degree to which local authorities will need to change will depend to an
extent on what they do now and how they have already responded to policy and guidance.
In Brighton & Hove, we do not underestimate the change required, but feel confident that we have
good practice and strong local partnerships to build on. These include our approach to
personalisation, our arrangements for safeguarding vulnerable people, providing deferred payments
and our work with carers. There are other aspects of the act such as Information & Advice and
supported assessment which will require development and in particular we need to take full account
of the needs of people who fund their own care.
The aims of the Act and the priorities of Adult Social Care in Brighton & Hove are well aligned. This is
reflected in our Corporate Plan, most specifically in the section covering ‘vulnerable adults
supported to live healthy independent lives’ and also in the related strategic policies which support
this, such as our ‘Market Position Statement’.
Although the Care Act provides challenges in its implementation in the city it also provides
opportunities to deliver our local vision for services. We have recognised that our plans for the Care
Act must take account of our Better Care programme and this is reflected in the arrangements
detailed in the next section.
We are clear that if we are to successfully implement the Care Act and ensure better outcomes for
local people then it is essential that our implementation plans are underpinned by the Councils
values ; Respect, Collaboration, Efficiency, Openness, Creativity and Customer Focus.
As we plan how we will implement the changes in the Act we will need to make sure that we do so
in a way that:
Ensures the Council meets its statutory duties
Applies the law in a way that is consistent with our vision for Adult Social Care in Brighton &
Is equitable for all individuals
Is consistent, with good quality services, keeping people as safe as possible
Is sustainable.
What we are doing in Brighton & Hove to implement the Act
The implementation of the Care Act is being overseen through a Modernisation Board (Adult Care)
which is chaired by the Executive Director Adult Services and has senior representation from across
the Council and other key organisations in the city. The Executive Director also chairs the Better Care
Programme Board.
A dedicated programme management approach has been put in place with a Programme Manager
to support this. We have reviewed all the elements of the Care Act and established how fit for
purpose we currently are and what actions we need to take to ensure that we are fully compliant
with the legislation once it comes into effect. Alongside this we have identified key risks to achieving
our implementation plans and mitigating actions we can take if required. Much of the detail of the
Act is in the regulations and guidance. This has been published in relation to the parts of the Act that
come into force from April 2015. Further regulation and guidance will be drafted for the parts of the
Act that will come into force from April 2016. As these are finalised, emerging changes could have an
impact on what we need to do in response.
Two types of work streams are in place within the overarching programme ; ‘enabling’ work streams
covering workforce development, communication, Information & Technology, Finance and
Performance to support the overall implementation ; specific themed work streams linked to the
requirements of the Care Act e.g. Information & Advice , Advocacy, Charging & Deferred payments.
The enabling work streams are covering both the Care Act and the Better Care programme to
promote a co-ordinated and integrated approach. Progress is reported regularly into the
Modernisation Board. The ‘leads’ are not working on their own, but using established networks of
stakeholders where possible or, in some cases, establishing new ones. Resources have been
identified to support delivery of these streams of work.
For each clause of the Care Act, we will review our current policies and procedures to ensure that
they meet the requirements of the Act .This will also apply to areas that are completely new and
where we need to develop policies and procedures.
We are also working closely with colleagues regionally on common themes, sharing best practice
and making use of the support tools that are being developed nationally, for example the work of
Skills for Care re workforce and SCIE re assessment processes. As part of this national activity we are
undertaking 3 stocktakes over the year to report on our progress in implementation planning.
We have been seeking to identify the anticipated costs of the Care Act implementation using
national models; this covers both implementation costs 2015/16 and the costs from 2016 onwards
when the funding reform is introduced.