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This blog post was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

Care Act consultation: your contribution – our response

Posted by: , Posted on: - Categories: Care and support, News

Today, the Department of Health publishes its response to the consultation on draft guidance and regulations for part 1 of the Care Act 2014.

We had an excellent and positive response to the consultation reflecting the collaborative approach which continues to drive the most comprehensive overhaul of social care since 1948.

Ultimately, this is about creating a modern system focusing on preventing people from needing care and support and putting them fully in control of their lives.
This is about creating a modern system focusing on preventing people from needing care and support and putting them fully in control of their lives.

We have paid close attention to requests to make changes and have strengthened our statutory guidance and regulations as a result. These changes include clarifying the guidance on adult safeguarding, revising eligibility criteria to focus on outcomes, and addressing the issue of social isolation more effectively.

Updated versions of our popular Care Act fact sheets can be found here.

Now the focus must shift to preparing for implementation of the Care Act from April 2015. DH, in partnership with the Local Government Association (LGA) and the Association of Directors of Adult Social Services (ADASS), is publishing a range of materials to support those commissioning and providing care and support. Find out more on the LGA website.

Ultimately, this is about creating a modern system focusing on preventing people from needing care and support and putting them fully in control of their lives. Thousands of consultation responses have informed the response – now the Department and its sector partners will be working with councils across the country to deliver these changes for the benefit of society’s most vulnerable citizens.

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  1. Comment by Pearl Baker posted on

    Having read this briefly I do have some reservations in a number of areas.
    'Safeguarding' is an issue that is not 'spelt' out definitely. Is it a 'Risk and Care Assessment?
    There is already case law on this, and information from email alerts suggest that all vulnerable individuals should undergo this assessment, in particular Section 117 of the 1983 MHA. There is currently poor understanding of what this actually means. It is not about a 'Risk and Care assessment' after the event, it is supposed to take place before the event, where hopefully it will not lead to a more serious situation.

    My question is how will the DOH know or collate information on the above, if there is no longer a Care Manager Co-ordinator involved with these patients? vulnerable patients are currently being discharged from Section 117 while still receiving care and treatment, and Care Manager Co-ordinators are (abandoning) these vulnerable patients.

    Carers are often the only individuals caring and supporting these patients, apart from the GP prescriber of medication.

    Information included in these factsheets, suggest that carers are entitled to receive funding for the costs involved in caring and supporting these patients.

    Accommodation for section 117 patients, and others, with savings below the housing benefit threshold, should be entitled to accommodation cost. Many parents are in a difficult position, unable to downsize, due to their caring responsibilities.

    I would suggest that carers providing accommodation are entitled to these cost under the Discrimination Act.

    This should be more clearly explained in the rights of Carers.

    Health and Wellbeing Boards attendees are representatives from LA, CCGs, Health Foundation Trusts, and lastly NHS England who are supposed to be the Monitors of the system. This is where the problems occur, poor guidance, and understanding from NHS England are allowing the failure of the most vulnerable patients, as mentioned above in previous paragraphs.

    The Local Government Ombudsman has invited me to become a member of a wider advisory reference group that can provide them with valuable feedback.

    I am also a member of the CQC Action Team.

    I am in the process on putting together a 'tool' for an Integrated System of Health and Social Care, including Carers rights. The information booklet will include everything from the MHA 1983, COP, Legislation, Conventions, Equality Act 2010, Judicial Conduct Reviews, LGO, Parliamentary Health complaints, the role of the MONITOR and the CQC. It will also explain what maladministration means in terms of complaints. It will also include relevant case law.

    I cannot end my submission without referring to the DWP 'fit for work' scenario. These vulnerable patients are required to complete a questionnaire 45 pages in length, many are unable to do this, and their benefits are stopped, leading to terrible consequences. the 'lucky' ones are those with an Appointee or Advocate, however even the Carer Appointee is at a loss on how to completed these forms, for individuals well known to the health and social care system.

    A Judicial Review has already taken place, and my Parliamentary complaint is currently going through the process.