The Care Act 2014

1. The Care Act 2014 General Overview and Links to SEND Reforms July 2015 Barbara J. Guest Service Redesign Manager Care Act Lead for Oldham Council

2. Introduction The Care Act received Royal Assent on 14 May 2014 The Act is in three parts: • Care and support • Care standards • Health Part 1 of the Act consolidates and modernises the legislation and statutory guidance for care and support: • New duties for local authorities • New rights for people requiring care/support and for carers

3. National Assistance Act 1948 NHS and Community Care Act 1990 Community Care (Direct Payments) Act 1996 It replaces many previous laws: 1948 1960… 1970… 1980... 1990… 2000… 2010… Chronically Sick and Disabled Person Act 1970 Carers (Recognition and Services) Act 1995

4. Aims of the Care Act To ensure that care and support: • is clearer and fairer • promotes people’s wellbeing • enables people to prevent, reduce or delay the need for care and support • enables carers to maintain their caring role • puts people in control of their lives so they can pursue opportunities to realise their potential

5. General Framework

6. Main Duties from April 2015 • Promote wellbeing • Prevent, delay, reduce onset/deterioration of care/support needs • Establish and maintain information & advice services • New national eligibility criteria • Duty to assess carers – national eligibility criteria • Duty to assess young people and carers in advance of transition from children’s services, where likely to need care and support* • Provide independent advocacy, where appropriate • Protect adults from neglect and abuse • Personal budgets and direct payments in statute • Shape local market - promoting diversity, quality, sustainability • Promote integration with NHS and others *Overlap with Children & Families Act

7. Assessment and Eligibility Process

8. Funding Reforms from April 2016 • Introduction of cap on care costs - £72,000 for those aged 65+ - working age - 3 proposalsbut likely £72,000 - free care if needs developed before 25 years • Requirement to set up care accounts for all eligible • Increased capital threshold from £27,000 to £118,000 Consultation closed 30th March 2015 Early indicators mid-late July 2015 New regulations and guidance late October 2015

9. The ‘care cap’ in practice • There will be a limit on the amount adults will pay towards the cost of their care/support • People will still have to pay their own daily living costs • This is referred to as “hotel costs” in residential care • Set at maximum of £12k per year = £230 per week • Local Authority expenditure counts towards the cap • Still questions to understand eligibility for free care

10. Improving Transition Planning • Need to review Transitions strategy and put clear policies & procedures in place across key agencies to support more effective planning • Information-sharing across agencies needs improving - different systems in place • Systematic referral pathway needed for young carers • Information provision could be strengthened • Need to proactively reach out to young people in mainstream schools • Moving forward? Interim manager pulling together cross-service/agency workstream