Policy

Adult social care law: Law Commission review

The Law Commission has announced a new programme of work which includes a review of adult social care legislation, conducted with the Department of Health. The intention is to provide a coherent legal structure and bring the legislation that has developed piecemeal over 50 years up-to-date and in line with current thinking. The Commission aims to report on the project in April 2011 and produce a draft Bill in July 2012.

Tenth Programme of Law Reform
Tel: 0870 600 5522 (Stationery Office)


Assessment and self-funders: R&RA report

The Relatives and Residents Association has issued a report on problems facing people who have to meet all their own social care costs, especially for residential care. Calls to its information line revealed three categories of problems:

• failure of councils to assess people they think will be self-funding; 
• failure to separate needs assessment from financial assessment; and 
• failure to help residents when funds run low.

The study also evaluated ease of navigation and quality of information for self-funders on 14 local authority websites.

Assessment Denied? Council responsibilities towards self-funders moving into care.
Tel: 020 7359 8148 (Colin Hutchens, Relatives and Residents Association) 

Choosing a dementia care home: new guide

Barchester care homes and Dementia Care Matters (which undertakes training, research and consultancy on dementia-related matters) have published a free guide to choosing a care home. The booklet explains the key characteristics of a ‘person-centred’ home and includes a 50 point checklist for use when choosing a home.

Choosing a dementia care home: what’s important for a person experiencing dementia.
Tel: 020 7352 2224 (Barchester Healthcare)

Commission for Social Care Inspection: annual report 2007-08

The Commission for Social Care Inspection (CSCI) has published its annual report to Parliament for 2007-08. It shows that the number of CSCI inspections has declined from 48,062 to 19,059 since 2004-05, while registration of new services has remained fairly constant.

CSCI also rates the performance of local authority social services departments. The report shows steady improvement in councils’ star ratings since 2002. Inspections of local authority care functions have decreased from 120 to 70 since 2006-07.

Annual report and accounts 2007-08
Tel: 0870 240 7535 (CSCI publications)


Community Care Law Reports

The latest edition of the Community Care Law Reports includes two articles on ‘ordinary residence’. Reports on cases relevant to older people include:

• R on the application of Eisai Ltd v NICE: the Court of Appeal held it was unfair not to make a fully executable economic model available to consultees; and 
• R on the application of A v Secretary of State for Health and West Middlesex Hospital: failed asylum seekers could still become ‘ordinarily resident’, entitling them to NHS secondary healthcare. Permission was granted to take this case to the Court of Appeal.
  
  

Community Care Law Reports, June 2008.
Tel: 020 7833 2931 (Legal Action Group)


Deprivation of liberty safeguards: Department of Health bulletin

The Department of Health has produced an e-bulletin to provide updates on the deprivation of liberty safeguards, which becomes effective under the Mental Capacity Act in April 2009. It explains the code of practice and advises primary care trusts and local authorities on achieving successful implementation.

The web page provides background information and information on training assessors. It is estimated that 21,000 people will need assessing in the first year; leading to authorisations to deprive a quarter of those people of their liberty.

MCA DOLS News, August 2008

Future of care and support: stakeholder debates

As part of the public engagement process on the future of care and support, the Department of Health is hosting a series of themed debates for stakeholders throughout the rest of 2008. For each theme, three papers have been commissioned from experts with different perspectives. The debates will cover:

• promoting equality and human rights; 
• joining up care and support; 
• private finance; 
• fair and clear access; 
• families and communities; and 
• working together to meet costs.
  
  

Care, support and independence: meeting the needs of a changing society. The stakeholder debate.

Independent Mental Capacity Advocacy: Department of Health report

The Department of Health has produced a report detailing the first year of work of the Independent Mental Capacity Advocacy (IMCA) service. Over 5,000 people received IMCA services relating to:

• accommodation moves (over 3,000); 
• adult protection (nearly 700); and 
• serious medical treatment decisions (670).

Although services provided a more holistic approach to decision-making for those unable to make their own decisions, the Department had concerns about geographical differences in referrals, the generally low level of referrals, and in particular, NHS compliance with the Act regarding referrals about serious medical treatment.

The First Annual Report of the Independent Mental Capacity Advocacy Service April 2007-March 2008

NHS and social services responsibilities: Court of Appeal decision

The Court of Appeal has ruled that, where the responsibility for a person’s care is disputed between the NHS (for continuing healthcare) and social services, the primary care trust will be the sole decision maker. The court refrained from commenting on what the position would be now under the national framework. It concluded that there are better ways of spending public money than arguing in the courts which of two public bodies should pay for care costs. 

R on the application of St Helens Borough Council and Manchester Primary Care Trust and ANR [2008] EWCA Civ 931.

NHS-funded nursing care: new rates

The Department of Health has issued the new amounts that are to be paid by primary care trusts to care homes providing nursing care. The increases, which have been back-dated to April 2008, are in line with the nurses’ pay increases at 2.75%. The standard rate has increased from £101 to £103.80 and the high band has increased from £139 to £142.80 per week.

Advice note on nursing care bands.


Person-centred support: JRF report

This Joseph Rowntree Foundation study looks at what ‘personalisation’ means to social care users. Priorities for service users includes:

• choice and control; 
• being able to set their own goals; 
• good relationships with staff and other service users; and 
• information and flexibility.
  
  

The report summarises views on barriers to personalisation and how to overcome them, and makes recommendations for next steps. The work is part of the ‘Standards we expect’ project. Further initiatives will include training for service users, staff and managers in eight local project sites. 

Person Centred Support – what service users and carers say.
Tel: 01904 615905 (JRF Bookshop)


Personal Budgets: training for staff

Skills for Care has published four new ‘care training codes’.

The code for people employing their own personal care assistants, including personal budget holders, covers how to assess the assistant’s development needs; drawing up a learning plan and putting it into action; and qualifications for personal assistants.

There is also a guide for learners who are receiving training, and codes for organisations that purchase or provide training.

Care Training Code: a guide for individuals buying in training for their own staff
Care Training Code: a guide for learners
Care Training Code: a guide for purchasers of training and development
Care Training Code: a guide for training and development providers
All 4 Care Training Codes
Tel: 0113 245 1716 (Skills for Care)


Social and health services in the EU: DG for social affairs report

The European Union Directorate General for Employment, Social Affairs and Equal Opportunities has published a synthesis report of a study it commissioned on social and health services of general interest in the Union. It gives an overview of services in the EU, focuses on some key sectors of social services, discusses the evolution at EU level, and concludes with an evaluation of strategies to monitor and improve the quality of services.

Study on social and health services of general interest in the European Union. Final synthesis report. (click on link in 5th paragraph)

Social care services for BME people: CSCI bulletin

The Commission for Social Care Inspection has published a bulletin on providing appropriate services for black and minority ethnic people. This is the second of three bulletins on equality and diversity issues in social care. The report explores how to remove barriers to race equality and how to respond to the individual needs of black and minority ethnic people. It includes examples of good practice accompanied by checklists of good practice pointers.

Providing appropriate services for black and ethnic minority people. InFocus bulletin issue 8.
Tel: 0870 240 7535 (CSCI publications)


Supporting carers: Department of Health regional events

To support the launch of the Carers’ Strategy, Supporting carers – everybody’s responsibility, the Department of Health is holding a number of regional seminars during September and October. The seminars are free and aim to ‘create a common sense of purpose and foster collective responsibility’ in implementing the strategy. Anyone can register to attend these seminars but as places are limited, participants may be selected.

National carers strategy: regional events. Online information and letter.

Third sector investment: Department of Health programme

The Department of Health has issued guidance on the investment programme that replaces the Section 64 General Scheme of Grants to voluntary organisations from 2009-10. Applications must be submitted before 8 September 2008. There is an application website and a number of supporting information documents and forms.

Third Sector Investment Programme: innovation excellence and service development fund 2009-10. Information pack.
Tel: 0113 254 5450 (Third Sector Funding, Department of Health)