Agenda item

The Implications for Leeds of new legislation a) The Children and Families Act 2014 and b) The Care Act 2014

To consider reports of the Directors of Chidlresn Services and Adult Social Care on the implications for Leeds of new legislation in respect of

a)  The Children and Families Act 2014; and

b)  Care Act 2014

Minutes:

The Health and Wellbeing Board received two reports on separate legislation, previously identified by the Board as having a significant impact on its efforts to create a sustainable and high quality health and social care system for the citizens of Leeds

 

Part A – The Children and Families Act 2014: Implications for services in Leeds

The Director of Children’s Services submitted a report on the Children and Families Act 2014 which had brought changes to a number of areas including family justice and care and in particular; major changes to legislation affecting children and young people with special educational needs and disabilities (SEND) and their families.

 

Barbara Newton, Head of Complex Needs, LCC Children’s Services, attended the meeting and in presenting the report, highlighted the key issues as being:

-  The replacement of Statements of Special Educational Needs and Learning Difficulties Assessments with Education, Health and Care plans and the extension of provision to 25 years

-  Drivers for change being the experience of the young person, preparation for adulthood and the life outcomes they could hope to achieve

-  The responsibility for Children's Services to maintain and publish a list of all locally available services had prompted consideration of effective commissioning, linked to the introduction of personal budgets and personalisation.

 

Discussions on the impact of these changes on young people with complex needs highlighted the following matters:

-  The important role of parent partnerships

-  The need to ensure a joined up and holistic approach to the care and support given to the individual from the various organisations, care and service providers involved.

-  Noting that the change to personal budgets for SEN, Adults Social Care and Health Services were all due to come online simultaneously, assurance was sought that administration of the three strands would be synchronised. Confirming the CCG Lead Officer was seen as a key consideration

-  The need to support information collectors to ensure the quality and usefulness of data collection and therefore effective service delivery. Integration of infrastructures was identified as key and it was noted that Children's Services was looking to integrate its ICT and support models with those of Adult Social Care and NHS England.

 

The following matters for further discussion between partners were identified:

-  concern over duplication of processes

-   the future template of brokering services

-  the appropriate body responsible for care 18-25 years

-  identification of the appropriate budget for each service provider

-  the role of the Complex Needs Board, the Infomatics Board, Children's Trust Commissioning Board and ICE

 

In conclusion, the HWB noted suggestions for a city wide discussion on the introduction of personal budgets to be held and for partners to be invited to a Member briefing from EPIC Leeds (the parents forum) later in the year on service users experiences of accessing services

 

 

Part B - Care Act (2014)

The Director of Adult Social Services presented a report setting out a summary of the key elements of the Care Act (2014) and the implications of the new burdens and statutory responsibilities for the Leeds HWB.

 

In presenting the report, Sukhdev Dosanjh, Chief Officer, Social Care Reforms, highlighted how the measures within the Care Act 2014 fit within the delivery plan of the Health and Wellbeing Board, the Children and Families Act and the Better Care Fund. The measures intended to provide person centred care with Wellbeing as a central focus and included a duty for local authorities to provide an assessment of care alongside the expectation of integration of services with all local health partners for an individual.

 

In response, the Care Act Programme Board had been established to consider key issues including funding, workforce implications, carers, communication and integration with existing Health and Wellbeing practices.

 

Whilst welcoming the dynamics of the Act, discussions focused on the following matters:

·  Carers’ eligibility and the possible impact of funding on Leeds, having regard to the number of carers in Leeds, the amount earmarked for implementation by central government and the amount available through the Better Care Fund

·  The impact of the changes to funding arrangements planned for 2016 when the local authority will become responsible for assessing the needs of those individuals who were responsible for funding their own care

·  The inherent social challenge embodied in the Act. The HWB acknowledged the advantage of all carers to be encouraged to come under the local authority's umbrella and for the third sector to get involved to create a bigger network of support

 

Additionally the Board recognised the links to the previous discussions on the need to develop information systems and integrate service provision, to focus on prevention services and the need to clarify the line between services provided by NHS England and Adult Social Care

 

RESOLVED -

PART A - The Children and Families Act 2014: Implications for services in Leeds

a)  That the role and responsibilities of partners in the implementation of the SEND reforms be noted;

b)  That the contents of the discussions giving consideration to how the Joint Strategic Needs Assessment can include the needs of young people with SEND and their families; and link this to the vision and strategy for joint commissioning and integration for these service users be noted for action through the Children's Trust Board.

c)  That support be given to consideration of the development of a longer term infrastructure to improve the experience of families (including improved information sharing and linkage of children’s record keeping across agencies ideally to create a “single view” of the child) potentially aligned to the Leeds Care Record partners. The Board supports the move towards knowledge sharing and integration whilst remaining mindful of information quality; notes the role of the Infomatics Board; and the work underway to provide training on information collection

d)  That the contents of the discussions giving consideration to how the Health and Wellbeing Board might be able to influence the requirements for workforce development and the opportunities for greater integration be noted for action via the city wide workforce sub group

e)  That the Draft Department of Health guidance on Health and Wellbeing Boards and Children with Complex needs (attached as Appendix of the submitted report), be noted and officers be authorised to respond to the consultation on behalf of the Board, following liaison with the Chair.

 

PART B - Care Act (2014)

a)  That the provisions of the Care Act (2014) and their contribution to the priorities set out in the Joint Health and Wellbeing Strategy and the creation of a high quality sustainable health and social care system in Leeds be noted

b)  That the progress made to date in preparing for the reforms be noted

c)  That the assurance received that clear plans are in place to implement the duties of the Act across the Health and Wellbeing Partnership and the intention to present a report on relevant milestones to a future meeting; be noted

d)  That the fact that the Act will be required to be implemented at a time of unprecedented financial challenge be noted

e)  That the initial Equality Screening and the requirement for an Equality Impact Assessment be noted.

f)  That the intention for further progress updates to be presented to the Health and Wellbeing Board, as and when there are clear implications for the Health Partnership in Leeds, be noted. Additionally the HWB agreed that partners would be involved in the implementation of the changes

 

Supporting documents: