Agenda item

Care Act 2014: Update on Implementation

Minutes:

Anne Bristow, Corporate Director of Adult and Community Services presented the report and stressed that there was now only four months to go to stage 1 implementation.  Work plans had been put into place but there were still some inter-agency issues to be resolved, together with a lack of financial certainty as the funding would not be known until 17 December 2014. 

 

Anne Bristow also brought specific points to the Boards attention, including:

 

·  Various financial models had been undertaken to see how many people fund their own care; however, this had not resulted in any consistent answer.  Despite work to scope the impact on budgets, there was still a significant ‘unknown’ amount that might be required.

 

·  The Board were reminded that the law brings in a duty to cooperate on adult social care and emphasised duties around integration, and safeguarding.  The Regulations were only laid out in November 2014, as a result their implementation was causing some real logistical struggles and the issues being faced were much wider that those just affecting the Council, for example IT and housing provision.

 

·  Whilst there was a five year strategic plan, the Better Care Fund was the beginning of the process and there would be more demands over the coming years. 

 

·  Training was needed so that staff understood the implications, the processes and their roles in the new systems.  The assessments alone would require a huge cohort of people of different professional disciplines to be trained.  Anne added that LBBD had experience in joint training and could help with training for integrated teams.

 

·  There was also a lack of trained advocates, especially in the BME population as there were 98 languages spoken in London.

 

·  A report on a ‘prevention strategy’ would be brought to the Board next year.

 

·  There were challenges in getting partners to use existing powers and need for this cooperation would become greater.

 

·  The Safeguarding Adults Board becomes statutory from April 2015.

 

·  The effect of ‘ordinary residence’ and how councils could be responsible for the care for people that no longer have any connection with the area and the cost implications that this would have for councils.

 

·  That a two phase communications campaign was to be run at national level and that the Council was planning a local communications campaign using a mix of materials and methods to engage with existing and potential service users.  The local campaign would particularly target carers to increase the number of carers assessed and if necessary put support packages into place.

 

Anne Bristow asked that all Board partners ensure that they have read the guidance fully to see what it means for them and identify changes that they must do to comply with the Act.  If partners have an Implementation Action Plan in place they need to check on how that would be implemented and that it is fully reviewed in view of the November 2014 Regulations.  The Health and Adult Services Select Committee planned to scrutinise the implementation programme at its meeting on 20 January 2015.

 

In response to a question from Councillor Turner about how ‘ordinary residence’ would change, Anne Bristow gave the example of a service user with a supported tenancy who was funded by LBBD for their care and support.  If the service user then moved out of LBBD, their ordinary residence would stay with LBBD, despite the service user being in a new location out of the Borough.  LBBD would, therefore, still be responsible for funding the individual’s care.  It was stated that LBBD could be responsible for funding some people’s care for 50 plus years.

 

Councillor Carpenter asked for clarification as to what was meant by ‘Preparing for new market shaping and market management role’ in section 3 of the report.  Anne Bristow advised that this was about shaping the services in the care and support provider market, and was a signal to providers about what services service users with care and support needs may wish to buy in future years.  The Borough’s Market Position Statement entitled ‘The Business of Care in Barking and Dagenham’ was produced in July 2014 and discusses the direction of travel for the Adult Social Care market in Barking and Dagenham, as well as signalling to Providers where there are gaps and opportunities in the market. The Market Position Statement can be found on the Council’s Care and Support Hub website: http://careandsupport.lbbd.gov.uk/kb5/barkingdagenham/asch/advice.page?id=Mp_qJPtFLEw

 

Councillor Carpenter asked about the improved competency levels for commissioning in section 6 of the report.  Anne Bristow responded that commissioners are good at big block commissioning but are not always so good when using smaller or specialist providers.  This had been picked up as part of the Adult Social Care Peer Review.

 

Dr John raised the issue of the use of the voluntary sector.  Anne Bristow responded that there was a clear political will on the use of the voluntary sector, but there were some challenges that this would cause in regards to competency and cost. There was however potential to look at added value opportunities.  The Chair added that it was likely that micro markets will emerge and the voluntary sector would grow to a size that was comfortable for them and it was hoped there would be some balance between the various providers.

 

The Chair ended the discussion by commenting that she expected all Board Members’ organisations to be able to fully implement the requirements of the Care Act and resource and support the necessary partnership working.

 

The Board:

 

(i)  Agreed that the CCG and NHS Trusts report back to the H&WBB on their organisations progress and compliance status, at the 10 February 2015 Board meeting. 

(ii)  Noted that the report back will be supported by the Council-led Care Act Programme Team and that the reports should outline the actions that must be taken by the CCG and Trusts to be Care Act compliant from 1 April 2015.

Supporting documents: