The Care Act 2014

The Care Act 2014 came into force in April 2015. It is the biggest piece of social care legislation for 60 years and it will bring about significant changes in social care practice.

The Care Act 2014 will replace all current adult social care legislation apart from the Mental Health Act and the Mental Capacity Act.

The information below provides an overview of The Care Act 2014.

Prevention

Prevention

Local Authorities will provide services that help to prevent or delay the development of care and support needs, such as health promotion, housing adaptations and telecare services.

Co-operation and Integration

Co-operation and Intergration

There is a requirement for Local Authorities to work with partners wherever possible. These would include partner local authority and health authorities to improve outcomes, promote wellbeing,smooth the transition between services and protect adults at risk.

Assessments

Assessments

Assessment will be offered to anyone who appears to need care and support, regardless of their financial position or whether their needs are likely to be eligible.

Carers

Carers

Carers will have new rights under the Act. They will be offered a carer’s assessment wherever a carer appears to need support, regardless of the amount of care they provide, their financial situation or whether the person they care for has eligible needs.

Children and Transition

Children and Transition

Information and advice to children, young carers and adults caring for children as they approach 18 if they are likely to need care and support after they turn 18. They must be offered an assessment if that would be of significant benefit to them, regardless of whether they currently receive a service. If a child receives support, that support must continue after their 18th birthday until either their adult social care support is in place or they have been assessed as having no eligible needs as an adult.

Safeguarding

Safeguarding

The Local Authority will address safeguarding enquiries whenever they suspect an adult in need of care and support is at risk of abuse or neglect, whether or not they are in receipt of care. The emphasis of these enquiries must be on the outcome the person themselves wants to achieve rather than on procedures. Safeguarding adults boards and serious case reviews will be statutory requirements.

National Minimum Threshold

National minimum threshold

  • The National Minimum Threshold has been set to ensure that all local Authorities meet the same minimum level of need.
  • They ( Local Authority) must provide for needs that meet the following three conditions.
The needs arise from or related to a physical or mental impairment or illness. As a result of those needs the adult is unable to achieve two or more of the specified outcomes below:
  • 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 may have for a child.
  • As a consequence of being unable to achieve these outcomes there is, or there is likely to be, a significant impact on the adults wellbeing.

Finances

Deferred payments An offer of deferred payment will be offered, by the Local Authority to anyone requiring residential care. Interest will be payable on the loan. Financial changes in 2016 From April 2016 the threshold for people paying the full cost of their own care will increase from £23,250 to £118,000. People with eligible care needs who have assets of between £17,000 and £118,000 will be entitled to some financial support. There will also be a £72,000 cap on the amount that any adult of state pension age pays towards the cost of care in their lifetime. This only covers money spent on assessed eligible needs and excludes the cost of accommodation and food for those in residential care. There will be a lower limit for working age adults. People who already have care needs when they turn 18 will not have to pay anything. These financial changes do not come into force until April 2016 and the £72,000 cap will not be backdated to include costs paid before this date.

Wellbeing

Wellbeing

There will be active promotion of wellbeing whether or not a person is eligible for support. Wellbeing is defined as personal dignity and respect; physical, mental and emotional health; control over everyday life, including care and support; participation in work, education, training or recreation; social and economic wellbeing; family and personal relationships; suitability of accommodation and an opportunity to contribute to society. See eligibility.

Information and Advice

Information and Advice

There will be a requirement to provide information and advice to all residents, regardless of whether they have eligible care needs. Local Authorities already have in place contact points to enable individuals to access information.

Delegation

Delegation

The Care Act 2014 allows local authorities to delgate some of the present care and support funtions to others, this includes assessment services.  Local authorities retain mangement of charging, direct payments and safeguarding.

Eligibility

Eligibility

National eligibility criteria has been introduced, which may mean that some people who were not eligible before become eligible and some existing customers may be eligible for more support.

Proportionality

Proportionality

The Local Authority will need to ensure that assessments, reviews, support planning and safeguarding are proportionate and based around the customer’s aims and wishes rather than processes.

Advocacy

Advocacy

If someone has significant difficulty being fully involved in their assessment, support planning, reviews or safeguarding processes (whether because of difficulty in processing the information or of communicating their wishes) and they have no one appropriate to support them, the Local Authority will have to arrange an independent advocate for them.

Prisons

Prisons

The Local Authority will be responsible for offering prisoners in custody the same social care support as other residents. This will predominantly prevention, information and advice.

Carers Needs and Eligibility

Carers needs and eligibility

Carers needs are eligible when they meet three conditions;1. The needs arise from as a consequence of providing necessary care for an adult2. The effect of the needs is that any of the circumstances specified in the Care and Support ( eligibility) Regulations 2014 apply to the carer, namely 3.

  • a. The carers physical or mental health is, or is at risk of deteriorating.
  • b. The carer is unable to achieve the following outcomes:
  • I. Carrying out any caring responsibility’s the carer has for a child.
  • ii. Providing care to other persons for whom the carer provides care.
  • iii. Maintaining a habitable home environment in the carers home, whether or not this is also the home of the adult needing care.
  • iv. Managing and maintaining nutrition.
  • v. Developing and maintaining family or other personal relationships.
  • vi. Engaging in work, training, education or volunteering.
  • vii. Making use of the necessary facilities or services in the local community, including recreational facilities or services
  • viii. Engaging in recreational activities.
  • As a consequence of that fact there is, or there is likely to be a significant impact on the carers wellbeing.

Contact Rosekel Assessment Services for more information.

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