Adult’s Services

Direct payments

Posted on March 5, 2013. Filed under: Adult's Services, Direct payments |

Definition

A Direct Payment is money paid by the local authority to an individual to pay for their own social care and support services. The payment is made instead of actual community care services being provided, and is roughly equal to the amount that would have been spent on community care services.

Direct Payments were introduced in 1997 to give people more independence and choice over their services. In practice, most people would use a Direct Payment to employ a Personal Assistant, instead of receiving traditional homecare services. They have been described as “the most successful public policy in the area of social care” (Cabinet Office Strategy Unit report on Improving the Life Chances of Disabled People, 2005), and for those able to take on the responsibility of managing their own money, the scheme was very successful. However, certain restrictions in the way Direct Payments can be used meant that uptake was limited.

From 2007-2011, Direct Payments evolved into the idea of Personal Budgets, which offer even more choice and control to the individual, with fewer restrictions. Personal Budgets can be received in a number of ways, one of which is a direct cash payment. In many local authorities a cash Personal Budget is still called a Direct Payment, and can be defined in essentially the same way.

Policies and legislation

  • Community Care (Direct Payments) Act 1996 – This gave Social Services Departments the power to make direct cash payments (known as ‘Direct Payments’) to eligible people to replace the Community Care services that those people had been assessed as needing. With the exception of residential care, people who receive these payments can use the money to buy services to meet their assessed needs. The Act confirms the principles of independence, choice and flexibility as the key elements of Direct Payments and guidance from the Department of Health emphasises the spirit of partnership between the local authority and the individual.
  • Carers and Disabled Children Act 2000 – Introduced in 2000 to include carers, disabled young people and parents of disabled children.
  • Health and Social Care Act 2001 – Consolidates the Carers and Disabled Children’s Act.
  • Department of Health policy and practice guidance – Contains the details on Direct Payments. It includes the views of carers and does not alter existing practice and standards in relation to assessment and care management. Direct Payments is part of the practice of needs-led assessment and sound care management.
  • Putting People First (2007) – The Department of Health document that outlines personalisation and introduces the idea of Personal Budgets for all social care service users.

Good practice examples

  • Leicestershire County Council’s Direct Payments DVD  – This DVD has been edited into a range of different versions for different service user groups, including: Physically disabled, learning disabled, hearing impaired and older people. Since the introduction of the DVD there has been a substantial increase of people taking up Direct Payments in Leicestershire.

Useful links

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Dignity in Care

Posted on March 5, 2013. Filed under: Adult's Services, Dignity in Care |

Definition

On 14 November 2006, the Minister for Care Services, Ivan Lewis MP, launched the first  ever Dignity in Care campaign.

The campaign aims to stimulate a national debate around dignity in care and create a system where there is zero tolerance of abuse and disrespect of older people.

Health and social care services have made great strides in recent years in driving down waiting lists and improving access to services. However, this emphasis on thoughput has, at time, been at the expense of the quality of the care experience.

The Dignity in Care campaign aims to re-dress that balance and to put dignity at the heart of care.

Policies and legislation

Good practice examples

 Useful links

  • The Department of Health website has lots of information about becoming a dignity champion, People’s Award for Dignity in Care and the Dignity Tour and Dignity Ambassador visits, plus much more.
  • The Social Care Institute for Excellence (SCIE) has produced a Dignity in care guide for people who want to make a difference and improve standards of dignity in care.
  • SCIE also hosts the Dignity in Care network.
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Deprivation of liberty safeguards (DOLS)

Posted on March 5, 2013. Filed under: Adult's Services, DOLS |

Definition

The Government has added new provisions to the Mental Capacity Act 2005: the deprivation of liberty safeguards. The safeguards focus on some of the most vulnerable people in our society: those who, for their own safety, and in their own best interests, need to be accommodated under care and treatment regimes that may have the effect of depriving them of their liberty, but who lack the capacity to consent.

The deprivation of a person’s liberty is a very serious matter and should not happen unless it is absolutely necessary, and in the best interests of the person concerned. That is why the safeguards have been created: to ensure that any decision to deprive someone of their liberty is made following defined processes and in consultation with specific authorities.

A Direct Payment is money paid by the local authority to an individual to pay for their own social care and support services. The payment is made instead of actual community care services being provided, and is roughly equal to the amount that would have been spent on community care services.

Policies and legislation

Useful links

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Community cohesion

Posted on March 5, 2013. Filed under: Adult's Services, Community cohesion |

Definition

A cohesive community is one where:

  • there is a common vision and a sense of belonging for all communities;
  • the diversity of people’s different backgrounds and circumstances is appreciated and positively valued;
  • those from different backgrounds have similar life opportunities; and
  • strong and positive relationships are being developed between people from different backgrounds and circumstances in the workplace, in schools and within neighbourhoods.”

‘Guidance on community cohesion’ (LGA, Dec 2002) and ‘Community cohesion – an action guide’ (LGA, 2004).

Our vision of an integrated and cohesive community is based on three foundations:

  • People from different backgrounds having similar life opportunities
  • People knowing their rights and responsibilities
  • People trusting one another and trusting local institutions to act fairly

And three ways of living together:

  • A shared future vision and sense of belonging
  • A focus on what new and existing communities have in common, alongside a recognition of the value of diversity
  • Strong and positive relationships between people from different backgrounds.”

The Government’s Response to the Commission on Integration and Cohesion (CLG, Feb 2008)

Policies and legislation

Useful links

Documents

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Carers

Posted on March 5, 2013. Filed under: Adult's Services, Carers |

Definition

A carer is someone who provides unpaid help and support to a partner, child, relative, friend or neighbour, who could not manage without their help. This could be due to age, physical or mental illness, addiction or disability.

Policies and legislation

  • Carers and Disabled Children Act 2000 – This Act provides for the assessment of carers’ needs; to provide for services to help carers; and for the making of payments to carers and disabled children aged 16 or 17 in lieu of the provision of services to them and for connected purposes.
  • Carers (Equal Opportunities) Act 2004 – This Act gives carers new rights to information. It ensures that work, lifelong learning and leisure are considered when a carer is assessed. It also gives local authorities new powers to gain the help of housing, health, education and others in providing support to carers.
  • Carers (Recognition & Services) Act 1995 – This Act is the first piece of legislation which recognises the role of informal carers and provides for the assessment of the ability of people to provide care.
  • Work and Families Act 2006 – This Act, which came into force in October 2006, makes provision for improved maternity and adoption leave for women. It also extends the right to request flexible working for carers.

Good practice examples

Useful links

Relevant events

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Advocacy

Posted on March 5, 2013. Filed under: Adult's Services, Advocacy |

Definition

Advocacy is taking action to help people say what they want, secure their rights, represent their interests and obtain services they need.

Advocates and advocacy schemes work in partnership with the people they support and take their side. Advocacy promotes social inclusion, equality and social justice.”  Action 4 Advocacy

Policies and legislation

  • Health and Social Care Act 2001 (Section 12) – places a duty on the Secretary of State to arrange for the provision of independent advocacy services, which should be “… independent of any person who is the subject of a relevant complaint or who is involved or who is investigating such a complaint…” It also provides for the Secretary of State to make payments to set up such arrangements.
  • Human Rights Act 1998 – enables individuals to pursue an action under the European Convention on Human Rights. Advocacy can support a person through this process.
  • Children Act 1989 (Section 26A and amended in 2004) – imposes on local authorities the duty to make arrangements for the provision of advocacy services for children and young people making or intending to make representations (including complaints).
  • The Disability Discrimination Act 1995 – the Disability Rights Commission will assist individuals to uphold their rights as set out in the Act.
  • The Mental Health Act 2007 – Section 130 of this Act, relating to advocacy provision, came into force in October 2008 in Wales, and Aprile 2009 in England. The Act introduces a statutory framework for an Independent Mental Health Advocate (IMHA) to be made available to anyone who is being treated under the powers of the Mental Heatlh Act. The Department of Health is committed to improving services for detained patients by ensuring that patients have access to high quality advocacy support.

Useful links

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