Information and Advice Care Act 2014
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Carl Evans from the Department of Health and a member of TLAP's steering group on Information and Advice discussed new Care Act duties related to the provision of information & advice and the shift in emphasis to 'proportionality'.
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Information and Advice Care Act 2014
- 1. 1 Information and Advice: Care Act 2014 Carl Evans DH 29 January 2015
- 2. 2 Existing legislation related to LA duty to provide information and advice • Section 1 of the Chronically Sick and Disabled Persons Act 1970 http://www.legislation.gov.uk/ukpga/1970/44 • The Local Government and Public Involvement in Health Act 2007 (as amended by the Health and Social Care Act 2012). Statutory Guidance was published in March 2013 https://www.gov.uk/government/uploads/system/uploads/at tachment_data/file/223842/Statutory-Guidance-on-Joint- Strategic-Needs-Assessments-and-Joint-Health-and- Wellbeing-Strategies-March-2013.pdf 2
- 3. 3 Care Act duty on local authorities • Section 4 of the Care Act places a duty on local authorities to ensure the availability of information and advice services for all people in its area, regardless of whether or not they have eligible care needs • Local authorities do not have to provide all elements of this service 3
- 4. 4 What needs to be provided? • Information about how the local care and support system works • How people can access care and support services • What types of care and support are available • Financial information and advice, including how to access independent financial advice • How to raise concerns about the safety or wellbeing of someone who has care and support needs 4
- 5. 5 local authorities must • Have regard to the importance of identifying adults in the area who would be likely to benefit from financial advice on matters relevant to the meeting of needs for care and support • Seek to ensure that what it provides is sufficient to enable adults to o identify matters that are or might be relevant to their personal financial position o make plans for meeting needs for care and support that might arise, and. o understand the different ways in which they may access independent financial advice. 5
- 6. 6 Is there a change in emphasis? • Whole population • Working with partners • Financial aspects • Accessible • Proportionate 6
- 7. 7
Notas del editor
- Section 4 (1) of the Act says that local authorities must “establish and maintain a service for providing people in its area with information and advice relating to care and support for adults and support for carers.” Importantly, the duty relates to the whole population of the local authority area, not just those with care and support needs or in some other way known to the system. The information and advice service should be more than many authorities have typically provided, and must be more than just basic information. Local authorities must ensure that the areas covered by their information and advice service go much further than a narrow definition of care and support and should therefore include care and support related aspects of health, housing, benefits, and employment. Whilst local authorities must establish and maintain a service, they do not have to provide all elements of this service. In many cases a local authority may not be best placed to provide advice, but they are expected to: Understand, coordinate and make effective use of all the high quality information and advice resources that are available. Think about how they are reaching out and joining up with other providers of information and advice to ensure the coherence of the overall ‘offer’. Signpost or refer people to relevant independent and impartial sources of information and advice.