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Showing posts with label personal budgets. Show all posts
Showing posts with label personal budgets. Show all posts

Wednesday, 3 March 2021

Direct Payments and the Right to Choose Your Care

To Be Human Is to Choose

A very big part of what it is to be human is that you are able to make choices. And as a very wise person once wrote: even not choosing is a choice. Given that making choices is central to your humanity, is it any wonder that you are angry when you denied your right to choose. Joel Feinberg was an American philosopher. He stated that when you are subjected to paternalistic interference - interference that restricts your freedom to choose -  you feel “…violated, invaded, belittled”.

Caremark carer helping customers

Your Right to Choose Your Care Provider

There are some decisions in life that you have to make that are just so important that your freedom to choose should not be interfered with. That is not to say that you should not seek advice; indeed, that would in many cases be a sensible thing to do. Choosing your care provider, for example, is one of those decisions. Quite rightly, you will feel violated, invaded and belittled if your right to choose is denied.

The good news is that you do have a right to choose who provides your care. This is a right that should not be interfered with. This right to choose exists whether you are funding your own care or you are wholly or partly funded by social services. 

Direct Payments

A direct payment is a payment of money from social services directly to you that you will use to meet your care needs. If you qualify for help with funding from social services you will be given a personal budget. The idea behind personal budgets is to give you greater control over how your care needs are met. 

Caremark carer assisting customer


If you qualify for support from social services and are allocated a personal budget and you do not fall into a small category of persons (people with certain court orders against them) who are not entitled to direct payments, then, under the Care Act 2014, social services have a duty to provide you with a direct payment where you have requested this. 

It Is your Responsibility to Request Direct Payments

Direct payments are all about choice and putting you in control. It is very important to realise that you must request a direct payment. Social services are required to have in place "clear and swift" processes to deal with such requests. Because it is all about choice, you do not have to have a direct payment. You are free to choose. Indeed, if you choose to have a direct payment and decide after a time that it is not for you, changing your mind is perfectly fine. You cannot be forced to have a direct payment. The idea behind direct payments is to enable and empower you. To force direct payments on you would do precisely the opposite.

Direct payments are good news. There is no-one who knows your needs better that you do. You go through life making your decisions, why should it be any different when it comes to choosing something so intimate and personal as care and support. 

To repeat the point, making choices is a big part of what it is to be a human being.



01843 235910 : 01304 892448

www.caremark.co.uk/thanet : www.caremark.co.uk/dover

thanet@caremark.co.uk : dover@caremark.co.uk















01843 235910 : 01304 892448

www.caremark.co.uk/thanet : www.caremark.co.uk/dover

thanet@caremark.co.uk : dover@caremark.co.uk

Monday, 15 June 2015

Understanding Care Services: NHS Continuing Health Care




What Is NHS Continuing Health Care?
In England, NHS Continuing Health Care (NHSCHC) is care funded by the NHS. It is available for people aged 18 and above and is provided to meet physical or mental health care needs that have arisen through disability, accident or illness. NHSCHC is care that takes place away from a hospital. Care can be provided in your home or in residential accommodation.

Who Qualifies for NHS Continuing Health Care?
You will qualify for NHSCHC if you are assessed as having a primary health need. The NHS Choices website provides a very unhelpful circular definition of this. A primary health need, it is explained, is one that is on-going and substantial and is related to your health. An assessment will take into account the nature and complexity of your needs; the intensity and severity of your needs, and the unpredictability of your needs.

How Do You Get NHS Continuing Health Care?
In short, you need to be assessed. The assessment is carried out by a multidisciplinary NHS team. There is no right to an assessment, but if it seems that you might need NHSCHC then the Clinical Commissioning Group (CCG) for your area must carry out an assessment.

The fact that you have a long term medical condition is not, of itself, a qualification for NHSCHC. However, the following circumstances are likely to suggest that an assessment is appropriate. 1. Where  you are due to be discharged from hospital and you have long term needs, 2 Where a period of intermediate care has come to an end, 3. Where your health declines significantly, 4. Where you are approaching the end of your life, 5. Where you reside in a nursing home and your health care needs are under review and 6. Where your health and social care needs are being assessed as part of a community care assessment.

In most circumstances, there is a two stage assessment process. The first stage is an initial assessment. The purpose of this is to decide if you need a full assessment. The initial assessment may be completed by a doctor, social worker or other health care professional.

The full assessment is carried out by two or more health and/or care professionals. The assessment looks at the following criteria: behaviour, cognition (understanding), communication, psychological/emotional needs, mobility, nutrition (food and drink), continence, skin (including wounds and ulcers), breathing, symptom control through drug therapies and medication, altered states of consciousness, other significant needs.

Each of those criteria (or domains) is assessed on the following scale: no needs, low needs, moderate needs, high needs, severe needs or priority needs. The criteria in bold are assessed, on the full scale, from low through to priority. The criteria in italics are assessed from low to severe. The remainder are assessed from low through to high.

You will be eligible for NHSCHC if one or more criteria are assessed at the priority level or two or more criteria are assessed as severe. You may also be eligible if one criteria is assessed as severe and you have needs assessed in a number or other criteria or a number of criteria are assessed as high and/or moderate.

A two stage assessment is obviously a little time consuming. It can take 28 days from the initial assessment to determine you eligibility by way of a full assessment. Clearly in some cases this is far too slow. There is, therefore, a fast track procedure that can be used where your condition is worsening and/or you are terminally ill.

What Is the Cost of NHS Continuing Health Care?
There is no cost to you if you qualify for NHSCHC.

Who Provides NHS Continuing Health Care Services?
NHSCHC services can be provided by any number of health professionals including physiotherapists, occupational therapists, speech therapists and domiciliary carers. When you are assessed as being eligible for NHSCHC, you will be allocated a personal health budget. This is an amount of money that is used to support the needs that you have. It is similar to the personal budgets allocated by social services to support social care needs.

Just as with a social care personal budget, you can ask for your personal health budget to be paid to you in the form of a direct payment. A direct payment puts you in control of choosing who supplies your services. You don’t have to do this. You may, however, enjoy the freedom and choice that direct payments give you. You can find out more about personal health budgets and direct payments on this page.


Garry Costain is the Managing Director of Caremark Thanet, a domiciliary care provider with offices in Margate, Kent. Caremark Thanet provides home care services throughout the Isle of Thanet. Garry can be contacted on 01843 235910 or email garry.costain@caremark.co.uk. You can also visit Caremark Thanet's website at www.caremark.co.uk/thanet.

Friday, 13 March 2015

You Are Free to Choose Your Home Care Provider

Freedom of choice is a bit like freedom of speech. Most people would agree that both are fundamental human freedoms and that they are not absolute – in most cases my freedom (to choose or speak) cannot extend so far that it affects you adversely. Another quality these freedoms share is that we don’t appreciate their importance until we are denied them. Let’s focus on the freedom to choose.

The Freedom to Choose
When I first went to secondary school aged 11 the only thing that I was interested in was sport and the sport above all that I was interested in was football. The academic side of school life held no interest for me. I’d known I was good at football from about the age of 8. I didn’t know that I was also a very good cross country runner; principally because I’d never done cross country until I went to secondary school.

We played football matches on Wednesday afternoons after school. The team for the match would be posted on a notice board on the Monday before the match. There was a football match on Wednesday 21 October 1970 (yes I remember the date). The team was posted on Monday 19 October. As usual my name was there on the team sheet. Unusually, this week, there was a second team sheet on the notice board. It wasn’t a football team sheet: it was a cross country team sheet; I was in the cross country team, and the race was to be on Wednesday 21 October 1970.

Thus it was that I was down to play two different sports, on the same day at two different venues. As far as I was concerned, I would choose to play football. I did nothing about it merely decided that I would turn up for the football team (with the hindsight of 45 years that was not a good move on my part). The football match was to be held at home; the cross country event away at another school. I went to the school changing room after lessons, got changed and waited for the team talk before we went out onto the pitch.

I never got to hear the team talk. The teacher who managed the football team (let’s call him Mr G) came into the changing room with a teacher (I’ll call him Mr A) I did not recognise and pointed to me. Mr A told me that the team bus (cross country team bus) was waiting for me. I explained that I was down to play football. Mr A was the senior of the two teachers. He pulled rank on Mr G and that was that.

Even with the passage of 45 years (that’s almost half a century!) I still recall how I felt at 3.45 pm on Wednesday 21 October 1970. I was angry that people in authority had made a mistake and they were angry with me for choosing what I wanted to do rather than what they wanted me to do.

I felt impotent. I explained my actions as well as I could. I wanted to play football. I couldn’t do both. They wouldn’t listen. A third teacher joined them and all three told me that I had to take part in the cross country event. I just could not get them to accept that they had presented me with the choices of two sports and I had chosen the sport I wanted to play.

There was also a feeling that I had no control over something which I should be in complete control of. The way I reasoned things at the time is exactly how I would reason things now. I accepted that there were things in life over which I had little or no control – I had little choice over the fact that I had to go to school, for example. However, there were parts of my life over which I should be sovereign – such voluntary activities as playing for school teams seemed to fall into the category of activities over which I was sovereign. But my freedom to choose had been wrested from me and, at the time, this felt pretty unfair.

The Freedom to Choose Your Home Care Provider
In the greater scheme of things, the event recounted above is pretty trivial. The experience I had was trivial: but having your freedom to choose taken from you is not trivial. What happened to me might have been a little unfair (no worse than that); however, when it comes to things that matter, having your freedom to choose denied is the most egregious injustice. Having your freedom to choose your home care provider is one of those aspects of your life over which it is of fundamental importance that your freedom is not interfered with.

Home care, or domiciliary care as it is sometimes referred to, is care provided in your home. There is no particular pattern that this care has to take. At one extreme, it could be just one visit a week for one or two hours for someone to help you around your home. At the other extreme care could be provided by a live-in carer. The tasks that carers carry out are wide-ranging. In short, most things short of nursing care can be covered by a home care provider.

Home care is usually provided by private companies. These companies may provide services under contract with social services or directly to individual private clients. The services provided by home care companies allow you to remain living in your home for as long as you are able. This is arguably one of the most important (if not the single most important) contributions that home care providers make to individual people’s lives – and by extension to society in general.

There is little doubt that the desire to remain living in their homes and maintaining as much independence as possible in their lives are two of the most powerful factors that motivate people to choose domiciliary care. There are choices, of course: friends and family may provide care and residential care is an option for some people.

It is important that people who need care have the option to choose care in their homes. But their choices have to go beyond that. It is fundamentally important that people can choose the company that they want to provide their home care. Put yourself in the shoes of someone choosing home care. The position is very simple. The care is being provided in your home. It is absolutely right that you can choose who comes into your home to provide your domiciliary care.

Personalisation
Everybody has a choice when it comes to choosing home care and this includes people who are funded wholly or in part by social services.

There was a time, and it was not so long ago, that the providers of domiciliary care took a paternalistic approach towards their customers. Paternalism means that somebody else knows what’s best for you. In the context of domiciliary care, it was usually social services who thought they knew what was best for you. But things have moved on. Domiciliary care is now guided by the idea of personalisation.

Personalisation is an approach to domiciliary care that is the exact opposite of paternalism. Personalisation recognises that you are the person who knows best what is suitable for you when it comes to choosing domiciliary care.

Therefore, personalisation places you at the centre of everything that happens with regard to your care. It’s all about your independence to choose. Control is handed over to you to be able to choose what type of care you want, who you want to provide that care for you and when you want it provided to you.

Personal Budgets
Of course, the obvious question is how you can have this independence, control and choice over your care if social services are paying partly or in full for your home care? And this is where personal budgets come in. A personal budget is a sum of money that is given to you to pay for the care that you need to meet your eligible needs

To get a personal budget there are two assessments that have to undergo. First, you need to have your care needs assessed. This is called a community care assessment. For more information on community care assessments (specifically in Kent) see Eight things to know about Community Care Assessments by Kent County Council.

Second, you need to have a means test, sometimes referred to as a financial assessment for more information about financial assessments (again, with specific reference to Kent) see How to get financial help for home care from Kent Social Services.

If you are found to have eligible needs following a community care assessment and qualify to have all or some of those needs met by social services you will be offered a personal budget.

Your personal budget can be held by you or by a friend or relative on your behalf. It is also possible for a care provider to administer the budget for you. In some cases, you may want the local authority to administer your personal budget.

Direct Payments
Once you have been awarded a personal budget, you should also be offered an opportunity to receive this in the form of a direct payment. Direct payments work in a very straightforward way. Kent County Council pay an amount of money into your bank account or onto a Kent Card. The Kent Card is a Visa debit card and you can find out more details here. You then use this money to buy your care from a provider of your choice.


Direct payments put you in charge. You are able to choose the company who provides your home care. I said at the start that the freedom to choose is something that we do not realise how important it is until we do not have it. Personal budgets and direct payments have returned to many people a fundamental freedom that had been absent.

Garry Costain is the Managing Director of Caremark Thanet, a domiciliary care provider with offices in Margate, Kent. Caremark Thanet provides home care services throughout the Isle of Thanet. Garry can be contacted on 01843 235910 or email garry.costain@caremark.co.uk. You can also visit Caremark Thanet's website at www.caremark.co.uk/thanet.



Thursday, 30 October 2014

It's a Fact: A Recent Survey Shows that Personal Budgets Improve the Lives of Their Recipients

Introduction
This article is aimed at people who are receiving domiciliary care or who are thinking about choosing domiciliary care for themselves or another.

A recent survey (published 28 October 2014) conducted by three bodies working together, In Control, Lancaster University and Think Local Act Personal, looked at the use of personal budgets in adult social services and health in England.

A striking finding of this survey is that 80%  of respondents (over 4000 people were included in the survey) said that personal budgets had made things better or a lot better for them in terms of dignity in their support and their quality of life. You can read more of the report for yourself here.

If you know all about personal budgets, you’ll understand just how significant that finding is. If you’re a little unsure about what personal budgets are, what follows is a brief introduction to them. Let’s start with a look at personalisation.

Personalisation
There was a time, and it was not so long ago, that the providers of domiciliary care took a paternalistic approach towards their customers. Paternalism means that somebody else knows what’s best for you. In the context of domiciliary care, it was usually social services who thought they knew what was best for you.

Personalisation is an approach to domiciliary care that is the exact opposite of paternalism. Personalisation recognises that you are the person who knows best what is suitable for you when it comes to choosing domiciliary care.

Therefore, personalisation places you at the centre of everything that happens with regard to your care. It’s all about your independence to choose. Control is handed over to you to be able to choose what type of care you want, who you want to provide that care for you and when you want it provided to you.

Personal Budgets
Of course, the obvious question is how you can have this independence, control and choice over your care if social services are paying partly or in full for your home care? And this is where personal budgets come in.

To get a personal budget there are two assessments that have to undergo. First, you need to have your care needs assessed. This is called a community care assessment. For more information on community care assessments see Eight things to know about Community Care Assessments by Kent County Council.

Second, you need to have a means test, sometimes referred to as a financial assessment for more information about financial assessments see How to get financial help for home care from Kent Social Services.

If you are found to have eligible needs following a community care assessment and qualify to have all or some of those needs met by social services you will be offered a personal budget. This is a sum of money that is given to you to pay for the care that you need to meet your eligible needs.
Your personal budget can be held by you or by a friend or relative on your behalf. It is also possible for a care provider to administer the budget for you. In some cases, you may want the local authority to administer your personal budget.

Direct Payments
Once you have been awarded a personal budget, you should also be offered an opportunity to receive this in the form of a direct payment. Direct payments work in a very straightforward way. Kent County Council pay an amount of money into your bank account or onto a Kent Card. The Kent Card is a Visa debit card and you can find out more details here. You then use this money to buy your care from a provider of your choice.


What Is the Significance of the Survey Mentioned above?
Now you know about personalisation and personal budgets you’re in a position to appreciate just how important the findings in the survey are.

The whole idea of personalisation – and personal budgets - was (and perhaps remains) controversial. Many saw its introduction as a way of reducing costs for local authorities. There may well be some element of that. However, if personalisation is to be seen as a success, it has to improve the lives of those receiving home care.

Personal budgets are a central part of personalisation. If personal budgets are bringing about improvements in the lives of those in receipt of them then personalisation is bringing about the effect that was intended.

The Research Findings in Brief
1. Over 4000 people took part in the survey. 2679 were personal budget holders and 1328 were carers of people who hold personal budgets.

2. At least two thirds of respondents said their personal budget had made things better or a lot better in 11 of the 15 areas of life that were asked about: dignity in support (82%),  Independence (78.9%), arranging support (79.9%), relationships with people paid to support them (75.9%), quality of life (81.4%), mental health (66%), control over life (70.6%), feeling safe (72.8%), family relationships (74.6%),  paid relationships (67.8%), self-esteem (73.2%).

3. Less than 5% of people reported their personal budget having a negative impact on any of the 15 areas that were asked about

4. Over two thirds of the carers surveyed said that things had got better or a lot better in three out of eight aspects asked about: continuing care (78.6%), the quality of life of the person cared for (79.6%) and the carer’s quality of life (71.3%).

5. People were more positive about their personal budgets when they felt that their views were considered when their needs were being assessed.

6. Personal budgets were held by the individual budget holder in 34% of cases. In such cases the individuals received a direct payment. For more information on direct payments see How to get direct payments to buy home care and How to get financial help for home care from Kent Social Services.

7. In 21% of cases, direct payments were made to friends or family of the person receiving care. In 19% of cases the budget was administered by a care provider. In just 18% of cases did a local authority remain in control of the personal budget.

Personal budgets put you in control of your care. They promote your independence, give you choice and help enhance the quality of care you receive.


Garry Costain is the Managing Director of Caremark Thanet, a domiciliary care provider with offices in Margate, Kent. Caremark Thanet provides home care services throughout the Isle of Thanet. Garry can be contacted on 01843 235910 or email garry.costain@caremark.co.uk. You can also visit Caremark Thanet's website at www.caremark.co.uk/thanet.

Friday, 17 October 2014

How to Get Financial Help for Home Care from Kent Social Services


What this Article Is About
The purpose of this article is to guide you through the procedure for gaining support from Kent Social Services for your home care needs. This applies to adults only. 

To qualify to have your home care paid for fully or in part by Kent Social Services you have to have two assessments. The first one assesses your care needs and is called a community care assessment.
The second assessment is a financial assessment that decides if you are entitled to have your home care paid for fully or in part by Social services.
Community Care Assessment
To receive funding from Social Services, the first step is to have your care needs assessed. This is called a community care assessment.  

The assessment can be done face to face or by telephone. You explain what your care needs are and Social Services use this information to decide if you are eligible for Social Services support. To arrange an assessment you need to contact Kent Social services on the following number:
03000 41 61 61 (text relay 18001 03000 41 61 61) or email social.services@kent.gov.uk.
Your needs are assessed as falling into one of four bands.
1. Critical
2. Substantial
3. Moderate
4. Low
You only qualify for Social Services support if your needs fall into one of the first three bands. If your needs are assessed as low you do not qualify for Social Services Support.
If your care needs fall into one of the first three bands, Social Services will then work out how much this will cost. This is called your actual personal budget. This is not necessarily how much you will get from Social Services. How much you get depends upon your financial circumstances.
Financial Assessment
This is a type of means test. First of all, you will be asked how much you have in savings. This does not include your home. If you have more than £23 250 you will be asked to pay for your care in full. 

If you have less than £23 250 in savings, Social Services then assess the amount of income that you receive each week. Income includes your pension and benefits. If your income is over a certain amount, you will be asked to contribute to the cost of your care. 

Everyone’s circumstances are different. However, for everyone there is a protected income level of £185.44 (in 2014-15) per week. There are various allowances that increase the amount that Social Services cannot make you use to pay for your care. Certainly if your income is below £185.44 you will not pay at all. For more information, you can take a look at this booklet. 

If you have savings between £14 250 and £23 250, Social Services assume that part of this makes up your income. For every £500 that you have above £14 250, Social Services will add £1 to you income.  

For example, if you have £16 250 in savings (that’s £2000 above £14 250), Social Services will add £4 per week to your income. So, if your income is £200 per week, the extra added on because of your savings makes your income £204 per week. 

The amount of money that you have left after Social Services have deducted all your allowances is called your available income. It is the money that Social Services assess you as having available to contribute to your care each week. Available income is your actual income less your protected income plus other allowances. 

An Example
Let’s say that you the following figures apply to you: 

Income: £250 per week

Protected income plus other allowances: £225

Therefore, your available income is £25 per week (£250 - £225) 

This means that Social Services will say that you can contribute £25 per week to your care costs. 

Now let’s assume that your actual personal budget is £150 per week. Remember that your actual personal budget is how much your care is going to cost based on how it has been assessed by social services. 

To meet this figure of £150 per week, you will have to pay £25 per week and Social Services will pay £125 per week. 

Direct Payments
Once you are receiving financial help from Social Services, make sure that you asked to receive you money by direct payments. Social Services should inform you of your right to direct payments.  

Social services can arrange everything for you. However, if you want to take control over who provides your home care you need to request to receive direct payments. If you receive direct payments it means that you are given a sum of money that allows you to purchase your care from whichever company you choose. And the importance of this cannot be overstated.  For more information about direct payments; go to this page. 

Direct payments work in a very straightforward way. KCC pay an amount of money into your bank account or onto a Kent Card. The Kent Card is a Visa debit card and you can find out more details here. You then use this money to buy your care from a provider of your choice. 

Garry Costain is the Managing Director of Caremark Thanet, a domiciliary care provider with offices in Margate, Kent. Caremark Thanet provides home care services throughout the Isle of Thanet. Garry can be contacted on 01843 235910 or email garry.costain@caremark.co.uk. You can also visit Caremark Thanet's website at www.caremark.co.uk/thanet.

Tuesday, 14 October 2014

How You Can Get Direct Payments To Buy Your Home Care

Context
If you live in Thanet and receive domiciliary care through social services, you will be more than aware of the controversial change that came into effect in 2014. 

Home care in Thanet, like home care throughout Kent, is provided by a number of private companies under contract with Kent County Council (KCC). Until last year, KCC worked with over 120 providers throughout Kent. On the 2 June 2014, this was reduced to 23. In Thanet there are now just 3 home care providers. You can see the providers for each area in Kent here. Bridget Warr from the UKHCA is on record as saying that her concern "...is that what we'll end up with is vulnerable people not getting the support they need at the time they need it."

No-one at KCC could have imagined that the move to reduce providers would be met with universal acclaim. So why do it? Well let's look at things from KCC's perspective. The social care pot is finite. And as with other local government services; it is a finite pot from which savings had to be made. To add to the Council's burden, social care needs continue to increase. Working with fewer providers will save the council about £2.7 million per year. The council has stated that the care and length of visits that people receive will remain the same. You can read more on the changes made by KCC here.
 

Perhaps the most controversial aspect of this change is that, if you are a Kent Social Services’ customer, you may feel that you have been given little or no choice about which company will be supplying your home care. This, however, is not the case. You do have a choice: and that choice is to ask for a direct payment.

Direct Payments
If you receive home care through Social Services, you probably had little involvement with how your home care provider was chosen. Everything would have been done for you, and there’s not too much wrong with that so long as you are happy with the service that you are being provided with.  

However, if you want to take control over who provides your home care you need to request to receive direct payments. If you receive direct payments it means that you are given a sum of money that allows you to purchase your care from whichever company you choose. In the usual course of events, if, after an assessment of your care needs by Social Services, you qualify for care to be provided, you have a right to receive direct payments. All you have to do is ask; indeed, you should be informed that you have the right to receive direct payments. For more information; go to this page.

Direct payments work in a very straightforward way. KCC pay an amount of money into your bank account or onto a Kent Card. The Kent Card is a Visa debit card and you can find out more details here. You then use this money to buy your care from a provider of your choice.

If you should like further advice about direct payments, or, indeed, any aspect of domiciliary care, please do not hesitate to contact me. My contact details appear below.


Garry Costain is the Managing Director of Caremark Thanet, a domiciliary care provider with offices in Margate, Kent. Caremark Thanet provides home care services throughout the Isle of Thanet. Garry can be contacted on 01843 235910 or email garry.costain@caremark.co.uk. You can also visit Caremark Thanet's website at www.caremark.co.uk/thanet.

Thursday, 2 October 2014

The Care Act 2014 and Caps on Individual Care Costs

You may have read in, or heard on, the news that The Care Bill became the Care Act 2014 when it received the Royal assent recently, on the 14 May 2014, to be exact. Potentially, the Care Act 2014 contains some major reforms that will have important consequences for people receiving care in their homes.  A reform of huge significance for everyone involves an upper limit, a cap, being placed on the amount that you as an individual will have to pay for your domiciliary care.

 The Legislative Process
The Care Act 2014 (from now on referred to simply as the Act) is an Act of Parliament. An Act of Parliament – or a statute as it is often called - is law made by Parliament. Parliament consists of one elected body - the House of Commons – and two unelected bodies, the House of Lords and the Monarch. A statute begins its life as a Bill. To become law it must be passed by all three of the bodies that make up Parliament. In the Houses of commons and the Lords this is achieved by the members voting in favour of the Bill. The Monarch – ie the Queen – grants her assent, which, it might be suggested, is a type of vote. The final stage in a Bill’s progression through Parliament is reached when it is granted Royal Assent, at which point a Bill becomes an Act.

However, just because a Bill has become an Act does not mean that its provisions have come into force; indeed, far from it. Today, it is fairly typical for a statute to be granted Royal Assent and only over a period of time – often a period of years - for its provisions to come into force. There are some Acts of Parliament various parts of which have never come into force.

The different parts of a statute are generally brought into force by a cabinet minister. Section 127 of the Care Act 2014 says “The provisions of Parts 1 to 4 come into force on such day as the Secretary of State may by order appoint.” Section 127 is known as a commencement section. Parts 1 to 4 are the main parts of the Act. Therefore, even though we now have a Care Act that is law in England and Wales, all the important reforms that it contains await implementation by the Secretary of State over time.

The Care Act 2014
The Act is long – 129 sections contained in 167 pages - and wide ranging. Norman Lamb, the care minister has described the Act as “[representing] the most significant reform of care and support in more than 60 years”.  Speaking more generally about care and the new Act, Norman Lamb has commented that:

"Care and support is something that nearly everyone in this country will experience at some point in their lives….Even if you don’t need care yourself, you will probably know a family member or friend who does, or you may care for someone. And many more of us will need care in the future, so it is important for us to have a modern system that can keep up with the demands of a growing ageing population….Until now it’s been almost impossible for people who need care, carers, and even those who manage the care system, to understand how the previous law affecting them worked.”

Amongst other things, the Act deals with personal budgets, duties on local authorities, minimum eligibility thresholds and, of course, caps on the amount that you as an individual will have to pay for your care.

The Cap on Your Individual Care Costs
Under the current system, to qualify for your care costs to be paid by social services you need to have less than £23 250 in savings (known as your capital) and be on a low income. For more information on this, go to this page.

The new Act provides the legislative framework to place a cap on the total amount that you will have to pay in your lifetime.  There will be a needs assessment – currently known as a community care assessment. The care and support that you are assessed as requiring will be care and support for what will be known as your “eligible needs”. The cap on your care costs is the maximum amount that you will have to pay in your lifetime to meet your eligible needs.

It is important to note two points. First, at this moment in time the relevant part of the Act dealing with the cap has not been brought into force. The intention expressed by the government is that the cap will operate from April 2016. However, there will be a general election in 2015 and we may have a different government. As explained above, it is for the Secretary of State (who is Jeremy Hunt at the moment) to bring into force the relevant part of the Act.

The second thing to note is that there are no figures contained in the Act. Once again, the government has expressed an intention, this time to the effect that the cap should be set at £72 000. Just as with the implementation of the relevant part of the Act dealing with the cap itself, the actual figure at which the cap is set will be set and implemented by the Secretary of State.

The cap will not cover what are called “living costs”. This is highly relevant if you were looking to move into residential accommodation. The cap will not cover such costs as utility bills and food. The aim behind this is to try not to disadvantage those receiving domiciliary care. If you have home care; you still have to pay for things like heating and food. Therefore, excluding living costs from the cap attempts to gain some consistency between those in residential care and those receiving home care.

The cap will only cover the cost of meeting your eligible needs. You may want something extra. In such a case you will be expected to pay for that yourself. For example, if your eligible needs require a home care visit of 30 minutes each morning, only the cost of those visits are covered by the cap. If you wish to have a 45 minute call each day, you will have to pay for the extra 15 minutes.

There will no doubt be a good deal of media attention focused on the Care Act in the coming months. At Caremark Thanet, we will do our best to keep our customers up to date with important changes.

If you would like a free, no obligation chat about anything in this article or more generally about domiciliary care please call us now on 01843 235910, or email us at thanet@carmark.co.uk.

 

Garry Costain is the Managing Director of Caremark Thanet, a domiciliary care provider with offices in Margate, Kent. Caremark Thanet provides home care services throughout the Isle of Thanet. Garry can be contacted on 01843 235910 or email garry.costain@caremark.co.uk. You can also visit Caremark Thanet's website at www.caremark.co.uk/thanet.

Wednesday, 1 October 2014

Domiciliary Care Changes in Thanet and The Emperor’s New Clothes

The provision of domiciliary care provided by social services in Kent has recently been transformed beyond recognition. At Caremark Thanet we believe that you have an inviolable right to choose who comes into your home to care for you.   

How Your Choice of Home Care Provider Has Been Reduced
Prior to this year, 2014, Kent County Council (KCC) worked with over 120 private home care providers throughout Kent. This has been reduced to just 23. [In Thanet, there are just 3 providers. The providers from July 2017 are listed here.] However you look at it, however it is explained, however it is justified: the single, inescapable fact is that if you receive care wholly or partly funded by social services, your scope to choose your home care provider has been conspicuously reduced.  

We are acutely aware of the challenges faced by KCC. The position is very simple. Whilst there is only so much money available for domiciliary care, the demand for that care, for many reasons, continuously increases. It is estimated that the change implemented by KCC will save around £2.7 million per year. You can read more about KCC’s changes to your home care provision here 

However much we may appreciate the fact that hard choices have to be made when it comes to using a finite resource, we cannot accept that it is correct to reduce the number of providers (a reduction that may include your existing provider) from which you may choose your home care service. Whatever benefits the changes may bring: restricting your choice is not one of them. It is well to remember the story of the Emperor’s new clothes, a fairy tale by Hans Christian Andersen. 

Hans Christian Andersen, Charles Dickens and the Isle of Thanet
Hans Christian Andersen was a visitor to the beautiful Isle of Thanet where, in 1847, in Ramsgate, he met the man he greatly admired, a man who had a long association with Kent, Thanet and, especially, Broadstairs: Charles Dickens. Andersen is said to have remarked (possibly in Danish because his English is thought to have been quite weak) that immediately upon meeting Dickens he felt that they had known each other well. Dickens was, at first, equally charmed by the Danish poet although, it seems, that Dickens’s liking for Andersen cooled somewhat.  

On Andersen’s first visit to Ramsgate, he stayed in a hotel then called The Royal Oak Hotel. The hotel still exists, known now as The Oak Hotel, located on the harbour in Ramsgate. Before Andersen returned home, he and Dickens dined in Broadstairs. The next morning, Andersen sailed from Ramsgate and Dickens was at the harbour to wave him off. 

Hans Christian Andersen was a prolific story writer. Many of his fairy tales are very well known to us. They include The Little Mermaid, The Princess and the Pea, The Ugly Duckling and, of course, a story that just seems so pertinent given the context of the changes occurring in Thanet’s home care provision, The Emperor’s New Clothes. 

The Emperor’s New Clothes
In The Emperor’s New Clothes  an Emperor is taken for a bit of a ride by a couple of tricksters who tell the him that the fine clothes that they will make him will be invisible to anyone not fit for office. No-one can see the clothes, not even the Emperor himself, because they do not exist. Everyone knows the reality but refuses to admit it, until a little boy watching the Emperor’s procession shouts out that the Emperor has no clothes.  

Fairy tales are often more than just good stories that we tell to children. They often have a moral or a message for us. The moral may be lost on us as kids, but may well resonate with us as adults. The Emperor’s New Clothes exhorts us not to be afraid to challenge what is not right. Merely conforming will not make something good which is clearly not capable of being good. To look at this form a slightly different angle, something is not necessarily good just because everyone seems to be saying how good it is. 

If your home care is wholly or partly funded by social services, the reduction in your scope to choose your home care provider is one of those things that are not good. Nothing can make this good. This Emperor may have no clothes but there is something you can do: ask social services to provide you with direct payments. 

Direct Payments
Under normal circumstance, if your home care is wholly or partly funded by social services, you have a right to receive a direct payment. Kent County Council has a helpful page about direct payments. The great thing about direct payments is that they put you back in control of choosing your care provider. 

Direct payments work very simply. Kent County Council pays a sum of money into your bank account or onto your Kent Card that allows you to buy your domiciliary care from a provider of your choice. The Kent Card is a Debit card available from KCC. For more details about the Kent Card go to this page 

You have a right to choose who provides care in your home. You have a right to receive a direct payment if your care is wholly or partly funded by social services. Caremark Thanet are happy to advise you about direct payments. 

If you would a like free no obligation chat about direct payments contact us on 01843 235910, or email us at thanet@caremark.co.uk.

 

Garry Costain is the Managing Director of Caremark Thanet, a domiciliary care provider with offices in Margate, Kent. Caremark Thanet provides home care services throughout the Isle of Thanet. Garry can be contacted on 01843 235910 or email garry.costain@caremark.co.uk. You can also visit Caremark Thanet's website at www.caremark.co.uk/thanet.