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Care and Support Statutory Guidance Issued Under the Care Act 2014

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Care and Support Statutory Guidance Issued Under the Care Act 2014 Care and Support Statutory Guidance Issued under the Care Act 2014 June 2014 Contents Delivering high quality, effective, Introduction 3 General responsibilities and universal services compassionate care: Developing 1. Promoting wellbeing 5 2. Preventing, reducing or delaying needs 13 the right people with the right 3. Information and advice 25 4. Market shaping and commissioning of adult skills and the right values care and support 41 5. Managing provider failure and other service interruptions 59 First contact and identifying needs 6. Assessment and eligibility 67 A mandate from the Government to 7. Independent advocacy 93 Charging and financial assessment Health Education England: April 2013 8. Charging and financial assessment 107 9. Deferred payment agreements 119 to March 2015 Person-centred care and support planning 10. Care and support planning 135 11. Personal budgets 151 12. Direct payments 163 13. Review of care and support plans 181 Adult safeguarding 14. Safeguarding 189 Presented to Parliament by the Secretary of State for Health Integration and partnership working by Command of Her Majesty 15. Integration, cooperation and partnerships 225 16. Transition to adult care and support 245 17. Prisons, approved premises and bail accommodation 261 April 2013 18. Delegation of local authority functions 273 £00.00 2 Care and Support Statutory Guidance Moving between areas: inter-local authority and cross-border issues 19. Ordinary residence 279 20. Continuity of care 295 21. Cross-border placements 305 Other areas 22. Sight registers 317 23. Transition to the new legal framework 325 Annexes Annex A: Choice of accommodation and additional payments 335 Annex B: Treatment of capital 347 Annex C: Treatment of income 363 Annex D: Recovery of debts 373 Annex E: Deprivation of assets 375 Annex F: Temporary residents in care homes 379 Annex G: The process for managing transfers of care from hospital 383 Annex H: Continuity of care: equipment and adaptations 395 Annex J: Ordinary residence 397 Annex K: Repeals and revocations 423 Glossary 427 Introduction 3 Introduction Purpose and legal status of the Guidance and do not attract the same legal status. The information is provided for guidance assistance only. This is draft guidance for consultation. When published in its final form the Case studies and scenarios statutory guidance is intended to provide local authorities with the information they In a number of the chapters of the guidance, need about how they should meet the legal scenarios or case studies have been included obligations placed on them by the Act and which are intended to illustrate the way in the regulations. Local authorities are required which the guidance might be applied to to act under the guidance, which means decisions which people have to take under that they must follow it, unless they can the Act. The scenarios and case studies are demonstrate legally sound reasons for not illustrative. doing so. The guidance will be used by local authority officers to plan care and support at a local authority level, as well as by practitioners. The guidance will also be used by people using care and support, their families, the voluntary sector and providers of care and support to help them understand the new system, and by courts in deciding whether a local authority has acted within the law. Presentation of this guidance Throughout this guidance, the Care Act 2014 is referred to as “the Act”. Where there is reference to provisions of other legislation, the relevant legislation is clearly indicated. Where the Guidance refers to “the regulations”, it means regulations made under the Act. A list of relevant material is also provided at the end of each chapter, where appropriate. These references do not form part of the 4 Care and Support Statutory Guidance General responsibilities and universal services 6 Care and Support Statutory Guidance 1. Promoting wellbeing 7 1. Promoting wellbeing This chapter provides guidance on section 1 of the Care Act 2014. This chapter covers: • Definition of wellbeing; • Promoting wellbeing; • Wellbeing throughout the Care Act. 1.1. The core purpose of adult care and In some specific circumstances, it also support is to help people to achieve the applies to children, their carers and to young outcomes that matter to them in their carers when they are subject to transition life. Throughout this guidance document, assessments (see chapter 16 on transition to the different chapters set out how a local adult care and support). authority should go about performing its care and support responsibilities. Underpinning Definition of wellbeing all of these individual “care and support functions” (that is, any process, activity or 1.4. “Wellbeing” is a broad concept, and it is broader responsibility that the local authority described as relating to the following areas in performs) is the need to ensure that doing particular: so focuses on the needs and goals of the person concerned. • personal dignity (including treatment of the individual with respect); 1.2. Local authorities must promote wellbeing when carrying out any of their care • physical and mental health and emotional and support functions in respect of a person. wellbeing; This may sometimes be referred to as “the • protection from abuse and neglect; wellbeing principle” because it is a guiding principle that puts wellbeing at the heart of • control by the individual over day-to- care and support. day life (including over care and support provided and the way it is provided); 1.3. The wellbeing principle applies in all cases where a local authority is carrying • participation in work, education, training out a care and support function, or making or recreation; a decision, in relation to a person. For • social and economic wellbeing; this reason it is referred to throughout this • domestic, family and personal guidance. It applies equally to adults with relationships; care and support needs and their carers. 8 Care and Support Statutory Guidance • suitability of living accommodation; 1.9. The concept of ‘meeting needs’ • the individual’s contribution to society. recognises that everyone’s needs are different and personal to them. Local authorities 1.5. The individual aspects of wellbeing or must consider how to meet each person’s outcomes above are those which are set specific needs rather than simply considering out in the Care Act, and are most relevant what service they will fit into. The concept of to people with care and support needs and meeting needs also recognises that modern carers. There is no hierarchy, and all should care and support can be provided in any be considered of equal importance when number of ways, with new models emerging considering “wellbeing” in the round. all the time, rather than the existing legislation which focuses primarily on traditional models of residential and domiciliary care. Promoting wellbeing 1.10. Whenever a local authority carries out 1.6. Promoting wellbeing means actively any care and support functions relating to an seeking improvements in the aspects of individual, it must act to promote wellbeing – wellbeing set out above when carrying out and it should consider all of the aspects a care and support function in relation to an above in looking at how to meet a person’s individual at any stage of the process from needs and support them to achieve their the provision of information and advice to desired outcomes. However, in individual reviewing a care and support plan. Wellbeing cases, it is likely that some aspects of covers an intentionally broad range of the wellbeing will be more relevant to the person aspects of a person’s life and will encompass than others. For example, for some people a wide variety of specific considerations the ability to engage in work or education depending on the individual. will be a more important outcome than for others, and in these cases “promoting 1.7. A local authority can promote a their wellbeing” effectively may mean taking person’s wellbeing in many ways. How this particular consideration of this aspect. Local happens will depend on the circumstances, authorities should adopt a flexible approach including the person’s needs, goals and that allows for a focus on which aspects wishes, and how these impact on their of wellbeing matter most to the individual wellbeing. There is no set approach – a concerned. local authority should consider each case on its own merits, consider what the person 1.11. The principle of promoting wellbeing wants to achieve, and how the action which should be embedded through the local the local authority is taking may affect the authority care and support system, but how wellbeing of the individual. the local authority promotes wellbeing in practice will depend on the particular function 1.8. The Act therefore signifies a shift from being performed. During the assessment existing duties on local authorities to provide process, for instance, the local authority particular services, to the concept of ‘meeting should explicitly consider the most relevant needs’ (set out in sections 8 and 18-20 of aspects of wellbeing to the individual the Act). This is the core legal entitlement for concerned, and assess how their needs adults to care and support, establishing one impact on them. Taking this approach will clear and consistent set of duties and power allow for the assessment to identify how care for all people who need care and support. and support, or other services or resources in the local community, could help the person 1. Promoting wellbeing 9 to achieve their outcomes. During care (b) the individual’s views, wishes, feelings and support planning, when agreeing how and beliefs. Considering the person’s needs are to be met, promoting the person’s views and wishes is critical to a person- wellbeing may mean making decisions about centred system.
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