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New Commission on the Funding of Care and Support setup - Consultation closes 28th January 2011

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anonymous (not verified)
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In this report, we make recommendations for a single, clear, modern statute and code of practice that would pave the way for a coherent social care system. Under the reforms proposed in our report, older people, disabled people, those with mental health problems and carers will, for the first time, be clear about their legal rights to care and support services. Local councils across England and Wales will have clear and concise rules to govern when they must provide services.

Included in our recommendations are:

  • putting the individual’s wellbeing at the heart of decision-making, using new statutory principles
  • giving carers new legal rights to services
  • placing duties on councils and the NHS to work together
  • building a single, streamlined assessment and eligibility framework
  • protecting service users from abuse and neglect with a new legal framework, and
  • for the first time, giving adult safeguarding boards a statutory footing.

This report concludes our project on Adult Social Care.

Reference number: LC326


anonymous (not verified)
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The consultation was open to specialists and the general public.

On 24 February 2010, we published the consultation paper, setting out 57 provisional proposals and 25 consultation questions on reforming the legal framework for adult social care. This was followed by a four month period of public consultation, during which time we attended 72 events across England and Wales and received 231 formal responses from a wide range of consultees.

On 31 March 2011, we published the analysis of consultation responses, which summarises the responses received to our consultation paper. This document is available either in full or by part - please use the links below.

This consultation relates to our project on Adult Social Care.

Reference Number:  LCCP192


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The Health Committee has issued an invitation to submit written evidence for its inquiry into Social care. The deadline for submitting written evidence is noon on Wednesday 26 October 2011.


The Coalition Agreement recognised the “urgency of reforming the system of social care” and the Government moved quickly to establish the Dilnot Commission with a brief to produce recommendations for the future funding of long term care. The Government has also pledged to break down the barriers between health and social care, roll out personal budgets and to use direct payments to carers to improve respite care. In parallel with the above developments the Law Commission published a report which makes far-reaching recommendations about the statutory framework for the commissioning and provision of social care. The Government has committed itself to consider these proposals in discussion with all stakeholders during the Autumn of 2011 and has promised a White Paper on social care in 2012. It has indicated that legislative follow-up is likely in the next session of Parliament.

The purpose of this inquiry is to consider the issues facing the government as it prepares its Social Care White Paper, and make recommendations for consideration by the Government before the White Paper is published. The inquiry will focus on adult social care, particularly of those people of 65 years of age and older. The Committee will consider, amongst other issues:

  • The practical and policy implications of the Government’s plans for funding social care, and the recommendations made by the Dilnot Commission and the Law Commission;
  • The scale and implications of existing variation in access to and charges for social care in England;
  • The practical and policy implications of the Government’s commitment to promote personalisation of social care, including personal budgets and direct payments;
  • The barriers faced by recipients of social care when they wish to relocate to another area, particularly with regard to the portability of assessments;
  • Economic regulation of the social care system including a proportionate failure regime that can mitigate against the failure of social care providers; and
  • The practical and policy implications of the Government’s stated commitment to promote integration between health and social care services.
    The deadline for submitting written evidence is noon on Wednesday 26 October 2011.

Guidance on submitting written evidence

It assists the Committee if those submitting written evidence adhere to the following guidelines:

Each submission should:

  • state clearly who the submission is from, ie whether from yourself in a personal capacity (Submission from, eg, Miss Dee Dee Lee) or sent on behalf of an organisation (eg Submission from Insert Name Ltd);
  • be no more than 3,000 words in length;
  • as far as possible comprise a single document attachment to the email;
  • begin with a short summary in bullet point form;
  • have numbered paragraphs; and
  • be in Word format with as little use of colour or logos as possible (Reports are published in black and white).

The submission should be sent by e-mail to< and have the ‘Name of the inquiry’ in the Subject line.


anonymous (not verified)
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Government sidelines DPOs in social care ‘engagement exercise’

The government appears to have sidelined disabled people’s organisations from a crucial “engagement” exercise aimed at hearing the views on social care reform of service-users, carers and those working in the care industry.

The Department of Health (DH) has appointed “key leaders” from the “care and support community” to help it lead discussions through the three-month Caring For Our Future engagement exercise.

But three of the seven figures are from charities, two represent local authorities, one is a GP, while the seventh is from the Association of British Insurers. None of them are from a disabled people’s or user-led organisation.

Each of the seven will lead discussions on a certain theme, such as personalisation of care, quality of care, and shaping local care services.

The DH said it wanted to hear the views of service-users, carers, local councils, care providers and the voluntary sector as part of the engagement exercise.

But Sue Bott, director of the National Centre for Independent Living, said she was surprised and concerned by the omission of user-led organisations.

She said: “Obviously there is no service-user representative whatsoever. We will be doing our best to provide opportunities for DH to listen to what we have got to say and what our members have got to say.”

She said she was concerned that there had not yet been any information from DH as to how it would ensure it heard from service-users and carers.

DH plans to publish a social care white paper next spring, alongside a “progress report” on funding reform.

A DH spokesman said the seven care and support leads would be supported by a “reference group team”, whose members will be drawn from across the sector, and that “involving service-users will be a core part of that process”.
He said DH wanted to “work collaboratively” and draw on existing networks and experience.

But details of how the reference groups will be drawn up have yet to be announced and DH was unable to explain why no user-led organisations were represented among the leads and whether service-users would definitely be part of the reference groups.

Asked why no information had been released on how it would ensure it heard from service-users, the DH spokesman said the teams would be attending events, holding meetings, and listening to the views of user-led groups and other organisations on “what the priorities for improving care and support should be”, while the DH website would “contain discussion materials and a feedback form”.

Disability News Service revealed concerns in July that the government appeared to have abandoned plans to include funding reforms in the white paper.

Those concerns followed the publication of the Dilnot report on the funding of care and support, and the Law Commission’s report – published in May – on reforming adult social care law.

Meanwhile, the Commons health select committee has announced its own inquiry< into the issues facing the government as it prepares its adult social care white paper.

The deadline for submitting written evidence to the committee is noon on 26 October.

And the Care Quality Commission has published its annual report on the state of health and social care in England<.

The report says there is evidence that local authorities are tightening their eligibility criteria, “in the face of social care budget reductions and demographic pressures”.<

anonymous (not verified)
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CQC annual report on health care and adult social care in England

In September 2011, the Care Quality Commission (CQC) published ‘The State of Health Care and Adult Social Care in England. An overview of key themes in care in 2010/2011′.

The report looks at outcomes for people and takes a broad view across the public, private and voluntary sector services.

Click here< for details<

anonymous (not verified)
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anonymous (not verified)
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The purpose of the inquiry is to consider the issues facing the Government as it prepares its Social Care White Paper, and make recommendations for consideration by the Government before the White Paper is published. The inquiry will focus on adult social care, particularly of those people of 65 years of age and older.



anonymous (not verified)
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The Government is inviting views on the future of care and support. It is asking what priorities it needs to focus on to improve the care and support system.

‘Caring for our future: shared ambitions for care and support’ was launched on 15 September 2011. The Government website ‘Caring for our future’ contains information on what this is, and explains how to share views on the six priorities that the Government believes have the biggest potential to make improvements to the care and support system, as well as give views on the recommendations made by the Commission on Funding of Care and Support.

Click here< for details<

anonymous (not verified)
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CSJ report: ‘Transforming social care for the poorest older people’

‘Transforming social care for the poorest older people. A CSJ report ahead of the Government’s forthcoming White Paper on social care’ was published by the Centre for Social Justice (CSJ) in 2012.

The report urges Ministers to prioritise the poorest over the competing claims of asset-rich old people who are forced to sell their homes before they qualify for state subsidy.

The report was published in advance of the Government’s response to the Dilnot Commission report ‘Fairer Care Funding. The Report of the Commission on Funding of Care and Support’< (July 2011).

Click here< for CSJ report

Click here< for CSJ website

Click here< for Dilnot Commission website<

anonymous (not verified)
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One month left to have your say on the draft Care and Support Bill


There is one month left to comment on the draft Care and Support Bill< and have your say on the largest overhaul of the law around adult care and support in 60 years.

The draft Care and Support Bill site allows you to find out about the draft Bill< andcomment online<.

The site has already attracted well over one hundred comments from users of services, carers and providers. So far, clause 3<  on promoting diversity and quality in the provision of services, and clause 34< on the local authorities role in relation to safeguarding adults at risk of abuse or neglect, have attracted the most comments.

The Bill proposes a single, modern law for adult care and support that replaces existing outdated and complex legislation.

It aims to transform the social care system to focus on prevention and the needs and goals of people requiring care.

It also includes a number of health measures, including the law needed to establish Health Education England and the Health Research Authority.

Comments recevied on the draft Bill will feed directly into the process of parliamentary scrutiny. They will be used to assist and challenge the government in considering how to improve the proposals in the draft Bill.

You can post comments on the draft Bill until 19 October 2012.<