Presentation giving information and advice on the Care Act, covering duty on local authorities. Presented by Carl Evans from the Department of Health at the Adult Social Care Signposting Discovery Day held on 2 March 2015 in London.
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.
Information and Advice: Care Act 2014 | Carl Evans | March 2015
Information and Advice:
Care Act 2014
Carl Evans DH
Adult Social Care Discovery Day: 2 March 2015
Existing legislation related to LA duty to
provide information and advice
• Section 1 of the Chronically Sick and Disabled Persons Act
• 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
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
What needs to be provided?
• Information about how the local care and support system
• 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
Is there a change in emphasis?
• Whole population
• Working with partners
• Financial aspects
Local planning/strategies (1)
• Each local authority will need to develop and implement an information
and advice strategy or plan that matches their circumstances and meets
the needs of its population.
• Authorities should lead coordination with other statutory bodies with an
interest in care and support, including local Clinical Commissioning
Groups, Health and Wellbeing Boards, local Healthwatch and
neighbouring local authorities.
• Authorities should consider the persons and/or places most likely to
come into contact with people in need of information and advice at these
and other critical points in the person’s care and support journey.
• Authorities should consider whether independent sources of information
and advice may in some circumstances be more trusted – and therefore
more effective – than the local authority itself
Local planning/strategies (2)
• In addition or instead of direct provision, local authorities should consider
whether it is in a person’s best interests that they be signposted, directed
or referred to independent sources of information and advice.
• A local authority plan should therefore allow for the urgent provision of
information and advice to support people to make important decisions at
times of crisis.
• Local authorities should work with health organisations and other
partners to provide targeted information and advice to people in these
critical situations and where people have long-term health conditions
such as dementia
• Where appropriate, local authorities should signpost or refer people to
national sources of information and advice where these are recognised
as the most useful source 7
Care Act 2014:
Skills for care