Where Are We Now? Friday 11th December 2015
Carers and the Social Services and Wellbeing (Wales) Act 2014
Risks and opportunities High profile of carers throughout the Act New rights and definition Focus on people’s strengths and capacity Community services
The new Act replaces almost all existing community care legislation including: The Carers (Recognition and Services) Act 1995 The Carers and Disabled Children Act 2000 The Carers (Equal Opportunities) Act 2004 The Carers Strategies (Wales) Measure 2010
Other legislation to be repealed: • National Assistance Act 1948 • Health Services & Public Health Act 1968 • Chronically Sick and Disabled Persons Act 1970 • Health and Social Services & Social Security Adjudications Act 1983 • Disabled Persons (Services, Consultation and Representation) Act 1986 • NHS & Community Care Act 1990 • Health & Social Care Act 2001 (DP’s)
Carers referred to throughout the Act • New definition of a carer (Intro, section 3.4) • Carers assessments (Part 3 section 24) • Duty to provide care & support for individuals in need (Part 4 section 32) • Meeting the needs of an adult carer (Part 4 section 40)
• Meeting the needs of a young carer (Part 4 section 42)
New definition of a carer – section 3 “A person who provides or intends to provide care for an adult or disabled child.” Removes the requirement that carers must be providing “a substantial amount of care on a regular basis”.
The Big Idea Wellbeing / Prevention / Social enterprise / Population assessments / Personal outcomes /
Definition of Wellbeing : Part 2 • • • • • • •
Physical; mental; emotional well being Protection from abuse and neglect Education; training; recreation Domestic; family and personal relationships Contribution made to society Securing rights and entitlements Social and economic well-being and suitability of living accommodation • For adults it also includes control over day to day life and participation in work.
Well-being functions will be at the heart of the assessment process.
Carers Strategies (Wales) Measure New amendment Duty on Health Joint planning Lack of clarity
Population assessments / Preventative services – Part 2 New duty to assess the need for and support in their area including carers (section 14) n.b. duty on LAs and LHBs to publish a plan for carers and report to the Minister
Duty to provide a range of preventative services (section 15) Duty to promote social enterprises, cooperatives and third sector (section 16)
care
Information, advice and assistance - Part 2 Local authorities must secure the provision of a service for providing people with: a) Information and advice relating to care and support b) assistance in accessing care and support (section 17)
Assessing the needs of individuals Part 3 Carers assessments apply to carers of any age and must include: whether the carer is able/willing to care the outcomes the carer wishes in day-to-day life, whether the carer works or wishes to (and/or) to participate in education, training or recreation (section 24)
Combining needs assessments for a carer and a cared for person (section 28)
Meeting needs – Part 4 Meeting the needs of an adult carer (section 40) There is now a specific legal duty to meet the needs for support of a carer following a carers assessment, with three conditions (residency of cared for person, eligibility criteria and charging)
Meeting the needs of a child carer (section 42) The same duty applies to young carers
Eligibility criteria – Part 4 Following an assessment, the local authority must determine whether any of the needs meet the eligibility criteria (section 32)
?? The “Can and Can only” test
Care & support plans – Part 4 (section 54-55)
The Draft Care and Support (Assessment) (Wales) Regulations 2016 states: The Local Authority must: Give a copy of a care and support or support plan to those person’s described in Paragraph 5 – carers, if they are providing or meeting any need.
Direct payments – (section 50-53)
Financial assessment and Charging – Part 5 After the assessment and eligibility criteria decision, the local authority can undertake a financial assessment and may consider imposing a charge (section 59)
Leap of faith ? Network of community services and activities ? Understanding the new system ? Cuts to public spending ? More pressure on carers
Carers Strategies (Wales) Measure New amendment Duty on Health Joint planning Lack of clarity
Thank you Diolch yn fawr