Draft Care and Support Bill From the DH presentation to ADASS Executive 13 September 2012

1. Draft Care and Support Bill From the DH presentation to ADASS Executive 13 September 2012

2. White Paper: response to engagement During the Caring for our futureengagement in autumn 2011, we listened to the views of people who use or who work in care and support across England. While there were many examples of innovation and high quality care, people told us about a range of recurring problems that we need to address to ensure high quality care and support is available to everyone who needs it. • Too often the system only reacts to a crisis. • Society is not making the most of the skills and talents in communities. • People do not have access to good information and advice. • Access to care varies across the country and is confusing. • Carers have no clear entitlements to support. • Not all care is good. The quality of care is variable and inconsistent. • People often have to fight the system to have the joined-up health, care and support they need. • Our growing and ageing population is only going to increase the pressures on the current system.

3. The Care and Support White Paper This means that, in the future, we expect people will be able to say: • Vision • To promote people’s independence and wellbeing by enabling them to prevent and postpone the need for care and support. • To transform people’s experience of care and support, putting them in control and ensuring that services respond to what they want. 1. “I am supported to maintain my independence for as long as possible” 2. “I understand how care and support works, and what my entitlements are” 3. “I am happy with the quality of my care and support” 4. “I know that the person giving me care and support will treat me with dignity and respect” 5. “I am in control of my care and support”

4. Key provisions draft Care and Support Bill Clause No. 1 2-7 9-30 31-33 34-38 39-44 45-53 A new statutory principle which embeds individual well-being as the driving force underpinning the provision of care and support. Population-level duties on local authorities to provide information and advice, prevention services, and shape the market for care and support services. These are supported by duties to promote cooperation and integration to improve the way public authorities work together. Following the individual journey through the care and support system, clarifying rights and entitlements. Including putting eligibility framework in law (13), and new rights: to request local authority support (17), for carers to have needs met (19), and to plans and personal budgets (23). New provisions on portability, to ensure care needs are met when a person moves areas. The first statutory framework for adult safeguarding, setting out the key responsibilities of local authorities and their partners, and creating Safeguarding Adults Boards in every area. New provisions to support better transition from children’s services for young people, young carers and parent carers, including protections to ensure no gap in services over transition (43). Other legislative issues, including powers to recover debts (45-46), re-enacting delayed discharges provisions (47), and a new power for LAs to delegate functions a third party (51). 4

5. The Progress Report on funding reform The Government committed to many of the Commission’s other recommendations: • We are committing to introduce universal Deferred Payments from April 2015 – a loan to cover the costs of residential care. This will ensure no one will be forced to sell their home in their lifetime to pay for care. • We are introducing a national minimum eligibility threshold from April 2015. • We will improve information and advice about the care and support system, and set up an expert working group – involving local authorities and the financial services industry – to support further developments. 5

6. The Progress Report on funding reform • The Government agreed that the principles of the Dilnot Commission recommendations – financial protection through capped costs and an extended means-test – would be the right basis for any new funding model. • A final view will be taken at the next Spending Review. • We will engage with stakeholders on design issues in the interim. These include: • the level of a cap; • the level of the means test threshold; • exploring voluntary, as well as universal, options. 6