Agenda item

To receive a report from Ray James, Director of Health, Housing and Adult Social Care on the general duties and implications of the Care Act 2014. 

The Board received a report from Ray James, Director of Health, Housing and Adult Social Care, setting out the key requirements of part 1 of the Care Act 2014, the potential impact locally and progress made to implement the provisions in Enfield. 

Bindi Nagra, Assistant Director Strategy and Resources, Health, Housing and Adult Social Care, presented the report to the Board, highlighting the following: 

·       The act received royal ascent in May.  The Council is in the process of reviewing the regulations and working out what it will mean for Enfield.  A summary of Part 1 is included in the report. 

·       It is a very significant piece of health and social care legislation, introducing major changes. 

·       The act is currently out for consultation and the Council is in the process of engaging service users, encouraging them to contribute to the consultation. 

·       The emphasis of health and social care will shift more towards prevention and supporting wellbeing. 

·       It is an expansion of the personalisation agenda, giving people more choice, responsibility and control of and for their own care.  

·       It places responsibility on the council to ensure that people have access to clear information and advice. 

·       It sets health and social care in a wider context, beyond benefits.

·       New national minimum eligibility criteria will be created which should help reduce challenge and will enable people to move more easily between councils. 

·       There will be a new responsibility for councils to respond to the needs of carers. 

·       There is also a raft of reforms in the way care and support will be funded including the introduction of the recommendations from the Dilnot review, placing a cap on care costs, giving a life time allowance of £72,000.

·       A Programme Board has been set up to oversee the changes and to make sure that the Council is compliant with the act from 2015.  The first key task is to analyse the true implications for Enfield and assess the gaps. 

·       The financial gap for council’s is likely to be significant.  

Questions/Comments

1.              The Government are setting a cap on the maximum that anyone will have to pay towards the cost of meeting their needs for care and support.  There will be a new process of assessment.  Currently the maximum amount of money people are allowed to have before the cost of residential care is met is £23,000.  This will change to a maximum of £118,000.  The £72,000 figure only covers care costs.  People will still be liable for residential costs which are approximately £12,500 per year.  It is likely to take 3-4 years before they reach a maximum of £118,000 and all their costs would be met by the state. 

2.              There is a scheme already in existence in Enfield called Keeping House which enables people who are in care to keep possession of their home.  The council will renovate homes and let them out at an affordable rent to those in need. 

3.              The new care act scheme will protect people’s assets, to a certain extent, but could also lead to a reduction in the quality of care to those with no assets.  It will benefits those with assets at the expense of the poor and vulnerable and will be detrimental, if councils are unable to fund care for those without assets.  Currently 48-49% of people benefit from a free service. 

4.              The local authority will bear the risk of the costs of the new scheme but it is thought by the Local Government Association that the Government has understated the cost - to Enfield this could mean a deficit of between £9m and £15m.  The Government however has a statutory duty to fund new burdens on the authority. 

5.              The local authority will need to ensure that the services needed are available locally at a sustainable price.  They will have a statutory duty to publish a market position statement and will have to deal with any market failures.

6.              The Care Act will implement the Better Care Fund and £900,000 has already been set aside in the Better Care Fund for these proposals. 

7.              The ability of the local authority to place a legal charge on a property, if people fail to pay what they owe, has been removed, placing an additional risk on the authority. 

AGREED

1.               To note that the Care Bill received royal ascent in May and is now an act of parliament. 

2.               To note that the consultation on the draft regulations and guidance for Part 1 of the Care Act has been published and that Cabinet (at 23 July meeting) are being asked to agree the delegation of the Council’s response to Councillor Donald McGowan. 

3.               To note the implications of the Care Act on local authorities and progress made locally to prepare for implementation (see paragraph 6) including a full impact assessment and gap analysis on the basis of the key milestones set out in legislation for 2015 and 2016, and the funding allocations attached (see paragraph 7).

4.               To note the key risks associated with the implementation of the Care Act.