The Care Act 2014 provides a new statutory framework for
adult care and support which, with limited exceptions, came into
effect in April 2015. It applies primarily to unitary and county
councils but has significant implications for all housing
authorities.
We summarise the implications of the Act for councils with
housing:
- Local authorities responsible for care and support are given an
explicit duty to promote the well-being of every adult. The
definition of well-being includes "suitability of living
accommodation"
- Local authorities responsible for care and support are expected
to integrate their services with those provided by the NHS
(National Health Service) and other health-related services,
including housing
- Local authorities are required to provide an information and
advice service on care and support, and related matters, including
housing and finance
- All local authorities, including housing authorities, are
required to cooperate with each other in relation to the provision
of care and support. This includes a duty on each local authority
to secure cooperation between adult social care, housing, public
health and children's services.
The Act provides a comprehensive, modernized framework for the
planning, funding and provision of adult care and support. While
primarily focused on the social care responsibilities of unitary
and county councils, it has significant implications for housing
departments in unitary and district councils.
Most provisions of the Act came into force in April 2015. The
main exception is the proposal to cap the total amount any
individual will pay towards their care costs during their lifetime
at £72,000. This was due to come into effect from April 2016 but
has now been deferred.
The Act is in three parts:
- Part 1 sets out the responsibilities of local authorities in
relation to social care
- Part 2 seeks to improve care standards by putting people and
their carers in control of their care and support
- Part 3 establishes Health Education England and the Health
Research Authority.
The first seven sections of Part 1 set out the general
responsibilities of local authorities. These apply primarily to
unitary and county councils, but there implications for all housing
authorities.
Section 1 creates a new statutory
principle that applies to all the functions under Part 1 of the Act
(including care and support and safeguarding) and means that
whenever a local authority makes a decision about an adult they
must promote that adult's well-being. The section provides a broad
definition of well-being, which explicitly includes "suitability of
living accommodation".
Section 2 requires local authorities
to ensure the provision of preventative services - that is,
services that help prevent, delay or reduce the development of care
and support needs. This includes the improvement of housing
conditions where these will contribute to prevention, reduction or
delay in the need for care and support.
Section 3 places a duty on local
authorities to carry out their care and support functions with the
aim of integrating care and support services with those provided by
the NHS or other "health related services" wherever this would
improve well-being, prevent, reduce or delay care needs or improve
the quality of care. Housing is defined as a health-related service
for these purposes.
Section 4 creates a duty for local
authorities to provide information and advice on care and support
available to all the people in a local authority's area. The
statutory guidance to the Act makes clear that this duty extends to
information and advice about related housing and finance matters,
and that these are interconnected.
Section 5 creates a general duty for
local authorities to promote diversity and quality in the market of
care and support providers for people in their local area.
Sections 6 and 7 create a general
duty to cooperate between the local authority and other
organisations which have functions relevant to care and support.
This includes a duty on the local authority itself to ensure
cooperation between its adult care and support, housing, public
health and children's services. It also includes a duty for shire
district councils to cooperate with their county councils where
necessary, including in relation to housing functions.
The remaining sections of Part 1 deal with the assessment of
care and support needs, specific powers and duties in relation to
the provision of care and support, including powers to charge and
to operate deferred payments schemes where care costs become a
charge on a person's home to be repaid after their death.
Sections 15 and 16 introduce a cap on
the total amount an individual may be charged for care during their
lifetime, initially to be set at £72,000. This was due to be
introduced from April 2016, however the government recently
announced that implementation will be delayed.
Sections 42-47 set out a local
authority's responsibilities for adult safeguarding for the first
time in primary legislation. They include responsibilities to
ensure enquiries into cases of abuse and neglect and to share
information, and establishment of Safeguarding Adults Boards on a
statutory footing.
To view the Act and Statutory Guidance, click
below:
The Care Act 2014
The Care Act 2014: Statutory Guidance