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Carers and the Care Act
Caring and Well Being ForumWednesday June 24th 2015
Aim of Today
• Raise awareness of carers rights under the Care Act 2015
• Understand North Tyneside Adult Social Care assessment process and eligibility criteria
• Opportunity to express your views and ask questions
Significant change in carers rights
For the first time in legislation carers are on an
equal footing with the person they care for
The Care Act 2015
• Over-arching wellbeing principle• New duties to promote prevention, provide advice
and information, promote diversity in the market, and integration; and powers to delegate functions
• Enhances carers’ rights • Embeds personal budgets, introduces national
eligibility thresholds and dispenses with lists of services
• Increases rights to advocacy• New duties on transition to adult services and on
portability of care• Cap on costs (from 2016)
The Care Act Key Points
• Duty to promote wellbeing, relating to:-- personal dignity; - physical and mental health and emotional
wellbeing; - protection from abuse and neglect;- control by the individual over day-to-day life;- participation in work, education, training or
recreation; - social and economic well-being; - domestic, family and personal relationships;- suitability of living accommodation; and- the individual’s contribution to society.
Wellbeing Principle
• Assumption that the individual is best placed to judge:
• Individual’s views, wishes, feelings and beliefs;• Preventing, delaying or reducing the need for care
support;• Ensuring all circumstances are taken into account;• Maximising participation;• Achieving a balance between ‘adults’ and carers’
wellbeing; and• Protection from abuse and neglect.
With Due Regard
Living Independently
The well being principle is intended to cover the key components of independent living, as expressed in the UN Convention on the Rights of People with Disabilities (in particular, Article 19 of the Convention). Supporting people to live as independently as possible, for as long as possible, is a guiding principle of the Care Act…..
What it means for Carers
• The Care Act has a strong focus on work, training, employment and recreation. These must be considered within the assessment
• The carer is best placed to judge the impact of caring• When assessing the person cared-for, the LA must involve
the carer – not just main carer but all involved in delivering care
• Assessment must not consider what carer does• Carers involvement can only be taken into account when
developing the support plan - carer must be asked what they are willing and able to contribute
• If the person you care for does not meet the eligibility criteria – you can still request a request a carers assessment as you may be eligible for services and support in your own right
Carers & the Care Act
Susan MeinsCommissioning Manager People Based Commissioning
• Now embedded and defined in the Act• Personal budgets are described as ‘central to the
Government’s aspirations for a person-centred care and support system’
• Calculating the personal budget – Must be transparency to enable people to understand how the PB is calculated, to understand their allocation and to be able to challenge the amount
Personal Budgets
• Duty to assess the needs of a child likely to have care and support needs at 18, subject to
• Consent or best interests, and that• The LA is satisfied that it would be of ‘significant benefit’
• If appropriate the transition assessment can stand as an adult assessment
• In default, children’s services must continue in place to ensure continuity
• A child’s education, health and care plan (EHC Plan) can continue to 25 to complete or consolidate education - if so care and support aspects will be provided under Care Act unless has been decision that best to continue to provide children’s services.
• Duties also apply to child’s carer and young carer on transition.
Transition from Child to Adult
• Local Authority has a duty to identify Parent Carers• Duty to assess Parent Carers on an appearance of
need• Must have regard to wellbeing, access to education,
work, training and recreation• If siblings are identified, they must have a young
carers assessment• Regulations say that Parent Carer Assessment can be
a part of the whole family assessment, but must consider all the elements
Parent Carers
Any questions?
