What follows was compiled as I tried to respond to a recent helpline call (Essentially this involved a significant change in provision, where the parent carer of ‘P’  believed the local authority was not using an up-to-date and accurate Care and Support Plan in its decision making).

To ensure that my efforts researching Care Act plans and reviews during the ongoing coronavirus crisis, and the time spent documenting that research, are not wasted, I have decided to publish here, in adapted and anonymised format, compiled extracts from recently sent emails. I hope you find this overview informative. The introductory sentence reflects the regrettable situation of many family carers still not being fully aware of the content and import of the Care Act.

The key legislation you should know about is the Care Act 2014…

 The Social Care Institute for Excellence(SCIE) sets the standards for people working in social care, so in essence specifies what social services departments should be doing, and to what standard.

This is the gov.uk introduction to the Guidance: https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance

This explains what a broad concept wellbeing is: https://www.scie.org.uk/care-act-2014/assessment-and-eligibility/eligibility/how-is-wellbeing-understood.asp

o   Assess client’s needs,

o   Identify which needs are eligible for support,

o   Develop a Care and Support Plan to meet eligible needs (whilst ensuring the client’s wellbeing),

o   Implement the Care and Support Plan, and monitor (review) its implementation. (Section 13 of Care Act Guidance covers this issue in detail. Section 13.10 states: “Keeping plans under review is an essential element of the planning process. Without a system of regular reviews, plans could become quickly out of date meaning that people are not obtaining the care and support required to meet their needs.”).

There are shortcuts that can be taken in emergency; the phrase is ‘Meeting Urgent Care Needs’, but I am assuming this is not the case with P

o   Has that assessment been carried out? Have you seen a copy?

o   Has it identified P’s eligible needs?

o   Have you discussed any assessed eligible needs with social services?

o   but if you just open the Guidance https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance , scroll down to Section 6, paragraph 6.30 to 6.43, which considers the question of P’s ability to understand and contribute to the assessment process (Please note that I do not know the extent of P’s capacity).

o   If you have the time, with the Statutory Guidance document open on screen, hit CTRL+F  (‘F’ for Find) and search for ‘Family’ and ‘Consult’; selected relevant results will give you an idea of the local authority’s duties to consult family members. (You may be disappointed).

o   It might be best to challenge them on whether their assessment has correctly identified his needs, whether they have prioritised his needs correctly etc.

o   If you are discussing placements, discuss/review how each will promote P’s wellbeing.

!!! CAVEAT – WARNING!!!

The Coronavirus Emergency legislation has eased many of the obligations placed on local authorities by the Care Act!!!

Please see the links below. I also include an extract from the government’s guidance on easements (accessed link 1 below)

I really do worry that this will make it easier to ‘rush things through’.  So please see the text highlighted in bold (below) and perhaps be ready to quote it!

  1. https://www.gov.uk/government/publications/coronavirus-covid-19-changes-to-the-care-act-2014/care-act-easements-guidance-for-local-authorities
  2. https://www.communitycare.co.uk/2020/07/08/councils-formally-suspending-care-act-duties-equate-compliance/
  3. https://www.communitycare.co.uk/2020/01/20/care-act-analysis-must-considered-setting-personal-budgets/

 “What the powers actually change

 The changes fall into 4 key categories, each applicable for the period the powers are in force:

I will stop at this point. That’s quite a lot for you to take in! Feel free to update me  – I really do wonder how local authorities are behaving at the moment (I have had only limited ‘feedback’ from Rescare members.).

 

If anyone wishes to enlighten us here at Rescare on local authority behaviour during the coronavirus crisis, please feel free to contact us by email (office@rescare.org.uk) or via the contact form on this website. I would love to know if and how local authorities are operating their complaint systems. The Ombudsman issued guidance to local authorities in May 2020 on how they should continue to consider serious complaints  https://www.lgo.org.uk/information-centre/news/2020/may/ombudsman-issues-guidance-to-councils-and-care-providers  , but we are in the dark as to how this has been implemented. We hope to publish more on covid-related issues, in a more structured format, here soon.   JR.