The Care Act and you – care and support

On 1 April 2015, changes to the law underpinning social care and support for adults came into effect.

The new law is referred to as the Care Act. Please note that Phase 2 of the Care Act has been delayed, read more about this on the following page: care act phase 2 government announce delays.

What is care and support?

‘Care and support’ is the term used to describe the help some adults need to live as well as possible with any illness or disability they may have.

It can include help with things like:

  • dressing
  • eating
  • getting out of bed
  • seeing friends and more
  • washing

It might also include emotional support at a time of difficulty and stress, or helping people who are caring for an adult family member or friend.

Care and support includes the help given by family and friends, as well as any provided by the council or other organisations.

Some people’s care and support needs can be managed at home, while others may need 24 hour care such as the care provided in a care home.

What are the changes?

The new law improves care and support and makes it more consistent across the country. Some of the main changes include:

  • a minimum national threshold for eligibility for care and support
  • a requirement for the council to arrange care and support in the community (not in care homes) for a person who pays for their own care, if requested
  • increased rights and help for carers
  • increased support for people who have difficulty in understanding the care and support assessment and have no family or friends to help with this
  • stronger arrangements to protect vulnerable adults from abuse

Anyone who has eligible needs for care and support following an assessment will still be financially assessed to see if they can afford to pay for their own care either fully, partly or not at all.

Below is a summary of some of the important and beneficial changes the Care Act offers.

Moving into Doncaster from another Council area

These regulations have been placed into law to ensure that your care and support is provided through the appropriate authorities and that any dispute between any councils about responsibility is resolved quickly and without jeopardising your health and well-being.

They give a clear indication of who is entitled to support and from which authority. They also provide a set of rules that ensure the core support you get is maintained whilst any disputes over responsibility is being resolved. Where any two or more authorities cannot resolve the dispute it sets out how the Secretary of State, or his representative, can be used to mediate and settle the dispute.

Where a person chooses to move from one council area to another the regulations set out the help and support that a person can expect from all social services and health authorities who are involved in maintaining their health and well-being during the move.

Safeguarding

The Care Act 2014 cames into force on 1st April 2015 and has changed the way social care is delivered including the safeguarding process.

  • Through Making Safeguarding Personal people will be engaged throughout the safeguarding process, be supported to identify what they want to achieve and this will directly inform what happens.
  • Section 42 of the Act puts a statutory duty on the Local Authority to make enquiries where they suspect abuse is taking place. 
  • The Care Act recognises the key role of Carers in relation to safeguarding and they will be able to receive support in their own right in addition to the adult at risk where the need is identified.
  • Where individuals are unable to speak for themselves without support advocacy must be provided.
  • The Act includes new duties for Safeguarding Adults Boards to work more closely together and share information with the introduction of Designated AdultSafeguarding Managers (DASMs) in organisations concerned with adult safeguarding.
  • The Act also identifies three new abuse types; Self neglect, Modern Slavery and Domestic Violence

 

If you have any further queries or need further advice please contact Angelique Choppin, Safeguarding Adults Team Manager, Governance and Assurance on 01302 736296 or email angelique.choppin@doncaster.gov.uk

More information on Safeguarding can be found here

Useful Links

The following links may also be of use.

Easy Read Guide

Care Act guidance document 

Fact Sheets

Useful links

Last updated: 25 January 2019 12:58:37