Care Act Statutory Guidance

Posted on Posted in Uncategorized

10 March 2016, the Department of Health publishes the refreshed edition of the Care and Support statutory guidance.

It is available at https://www.gov.uk/guidance/care-and-support-statutory-guidance. The statutory guidance supports implementation of part 1 of the Care Act 2014 by local authorities, the NHS, the police and other partners. The new edition supersedes the version issued in October 2014. It takes account of regulatory changes, feedback from stakeholders and the care sector and developments following the postponement of social care funding reforms to 2020.

The guidance is being published as an online document on Gov.UK. The new format is intended to be read online and has improved navigation and search functionality. However, if users prefer to print a copy there is an option to print an entire section at the end of each chapter. In future, if a chapter is updated a note will appear under the chapter title indicating when it was last updated. Not all chapters have been revised and some have only received minor clarifications to improve understanding following feedback from the sector.

The table below indicates where changes have been made and provides more detail on the more significant changes. We are also aware that the factsheets are widely used and the Department of Health (DH) is  currently updating these. DH is hoping to have these available next week at the same weblink as above.

Chapters

Amendments

1 Promoting wellbeing

New description added regarding the role of principal social worker.

2 Preventing, reducing or delaying needs

Minor detail amendments/clarification only

3 Information and advice Amendments made to reflect changes to care cap.
4 Market shaping and commissioning of adult care and support Minor additions to stress local authorities’ responsibilities to manage local care markets and commission accordingly. Changes to reflect postponement of funding reform.
5 Managing provider failure and other service interruptions Minor detail amendments/clarification only
6 Assessment and eligibility Minor detail amendments/clarification only
7 Independent advocacy Minor detail amendments, improved explanation of potential conflict of interest within advocacy provider organisations and amendments to reflect changes to the appeals system.
8 Charging and financial assessment Changes to this chapter and Annexes A, B and C are to correct minor errors and to clarify areas where it was felt there could be ambiguity. Changes seek in particular to make clearer the rules governing charging for social care and changes to make clear local authority discretion regarding charging for home care.
9 Deferred payment agreements Minor detail amendments/clarification only
10 Care and support planning

Case study added

11 Personal budgets

Minor Detail amendments/clarification only

12 Direct payments

Update to reflect decision to rollout direct payments in residential care in 2020.

13 Review of care and support plans Minor detail amendments/clarification only
14 Safeguarding Most revisions have been made for reasons of accuracy or clarity. Some are more substantial, reflecting learning through the first period of implementation and feedback from stakeholders and partners:

  • Clarification added to reinforce that, ordinarily, an enquiry under Section 42 of the Act is not appropriate where people are failing to care for themselves. Section 42 is primarily aimed at those suffering abuse or neglect from a third party. We commissioned research that evidences best practice with those who self-neglect – that is published by SCIE.
  • Updated definition on domestic violence to reflect new legislation.
  • Additional information in relation to financial abuse to reflect significant increases in internet, postal and doorstop scams and crime.
  • Section on reporting and responding to abuse and neglected has been amended to highlight the need for practitioners to consider the need for criminal investigations and take advice if necessary. Forensic evidence can be lost if a crime is not reported or investigated quickly enough.
  • Reporting and responding to abuse and neglect amended to remind LAs that they have powers even where they do not have duties – adult safeguarding is one area where this may be significant.
  • Inclusion of cross references to Chapter 1 to reinforce the prevention agenda (better to prevent abuse than act after the event) and remind practitioners that it is important to identify and manage risk of abuse and neglect, even where those concerns are not the presenting issue.
  • SAB annual reports section amended to include new guidance around allegations about people in positions of trust – to provide clarity but also emphasis that this is a responsibility of LAs and other partners, as well as the large and diverse independent provider sector. Important link made to children’s safeguarding and considering risk in the round.
  • SAB annual reports section amended to encourage LAs to use existing tried and tested surveys to understand the experience of carers and service users who have been involved in a safeguarding process.
  • The Need to have a Designated Adult Safeguarding Manager (DASM) has beenremoved. The need to have DASMs proved confusing and contradictory and distracted from improving practice. The original guidance confused the strategic and operational roles of potential DASMs – a danger in cutting across local arrangements or duplicating them. We now concentrate on roles and functions rather than job titles.
  • Roles & Responsibilities section: Role of professional and practice leadership in adult safeguarding strengthened, to recognise the need to have expertise within an organisation where practitioners and their managers can go for advice and guidance. Emphasises the potential role of the Principal Social Worker in this area of practice.
  • Roles & Responsibilities section: Section on strategic leadership within the senior management team reworked to articulate clearly the need for a strategic and accountable lead for safeguarding at a senior level in an organisation to ensure action to implement the SAB Strategic Plan.
15 Integration, cooperation and partnerships No amendments made
16 Transition to adult care and support New content on people with care and support needs reaching 18 years of age to reflect changes to funding reform plans.
17 Prisons, approved premises and bail accommodation No amendments made
18 Delegation of local authority functions No amendments made
19 Ordinary residence New content to give clearer guidance where a local authority is arranging care and support in another area and mental health after care, particularly under section 117 of the Mental Health Act 1983. Clarifications have been made to the impact of Article 5 of the Care Act (Transitional Provisions) Order 2015 on the process for seeking ordinary residence determinations and cross-border arrangements for other care settings. Some content on ordinary residence for those lacking capacity has been removed.
20 Continuity of care Minor detail amendments/clarification only
21 Cross-border placements Changes to/new content on cross-border arrangements for other care settings
22 Sight registers No amendments made
23 Transition to the new legal framework Changes to reflect detailed approach to transition set out for local authorities in a circular issued March 2015.
Annexes Amendments
A Choice of accommodation and additional payments Amendments made to section about information/advice and additionally reflect updates mentioned under chapter 8.
B Treatment of capital Minor detail amendments/clarification only reflecting updates mentioned under chapter 8.
C Treatment of income New content on:

  • Working Tax Credits in the benefits section
  • Pensions and annuities section
  • Child support/Child Benefit in the ‘other income’ section
D Recovery of debts No amendments made
E Deprivation of assets No amendments made
F Temporary and short term residents in care homes No amendments made
G The process for managing transfers of care from hospital for patients with care and support needs No amendments made
H Ordinary residence Changes to/new content in section on people who have sufficient funds to pay for their own care:

  • New case study
  • To emphasise when LAs may use discretionary powers to meet people’s needs (to a certain extent demonstrating the policy intent behind the postponed funding reform component S.18(3)
  • Young people transitioning to adults’ services
I Repeals and revocations

Minor detail amendments/clarification only

Glossary

Minor detail amendments/clarification only

Leave a Reply

Your email address will not be published. Required fields are marked *