Update On the long term care sector31 January 2007

GOVERNMENT DEPARTMENTS 3

Department for Communities and Local Government (DCLG) 3

Unitary Authorities 3

Department of Health (DH) 3

Abuse of Vulnerable Adults – Information Survey 3

Care Home Capital Grants Programme – LA Circular 3

Dignity in care 3

End of Life Care Strategy – Advisory Board 3

Equipment Provision in Local Authorities in England – Information Consultation 3

Mental Capacity Advocates – Guidance 3

Minister Appointed 3

National Framework for NHS Continuing Healthcare – Decision Support Tools 3

Recipe for Care 3

Residential Care Charges – Consultation on Proposed Changes from April 2007 3

Social Care Bulletin 3

Social Enterprise 3

White Paper Summit 3

Department of Trade and Industry (DTI) 3

Holiday Entitlement 3

National Minimum Wage and Penalties 3

Department for Work and Pensions (DWP) 3

Minister Appointed 3

HM Revenue & Customs (HMRC) 3

Taxation of Retirement Annuities 3

HM Treasury 3

Financial Capability – Consultation 3

regulatory bodies / ombudsman / SCRUTINY BODIES 3

Commission for Social Care Inspection (CSCI) 3

Star Ratings 3

State of Social Care Report Published 3

Financial Services Authority (FSA) 3

Appointments 3

General Social Care Council (GSCC) 3

Welcome for State of Social Care Report 3

Healthcare Commission 3

Appointments 3

Local Government Ombudsman 3

Case - Home Care Services Not Provided by Agency 3

National Institute for Health and Clinical Excellence (NICE) 3

Judicial Review Proceedings – Response 3

OTHER AGENCIES 3

Social Care Institute for Excellence (SCIE) 3

Appointments 3

Individual Budgets 3

State of Social Care – Response 3

PARLIAMENT 3

Legislation 3

Age-Related Macular Degeneration Bill 3

Corporate Manslaughter and Corporate Homicide Bill 3

Free Personal Care - Funding 3

Human Rights Act 1998 (Meaning of Public Authority) Bill 3

Local Government and Public Involvement in Health Bill 3

Palliative Care Bill [HL] 3

Pensions Bill – Commons Second Reading 3

Provision of Palliative Care Bill 3

Safeguarding Vulnerable Groups Act 2006 – Explanatory Notes 3

Regulations Published 3

Statements 3

Financial Capability 3

Local Government Finance Settlement 2007-08 3

Debates 3

Health and Care in the Community 3

Local Government Finance Report 3

Palliative Care Services 3

Residential Care Funding 3

Sheltered Accommodation – Bexley 3

Social Care Workforce 3

Social Exclusion and Older People 3

Committees 3

Commons Treasury Committee – Chancellor 3

Answers 3

Carers 3

Care Homes – National Minimum Standards 3

Home Carers – Northern Ireland 3

Housing – Older People 3

National Framework for Continuing Care 3

scotland 3

Scottish Executive 3

Communities Minister Appointed 3

Scottish Parliament 3

Budget 3

Care Home Charges 3

Enterprise and Culture Committee – Evidence on Ageing 3

Finance Committee – Commissioner for Older People (Scotland) Bill 3

Fire Safety Guidance – Care Homes 3

Free Personal Care – Evaluation and Review 3

Protection of Vulnerable Groups (Scotland) Bill 3

Scotland’s Futures Forum Report on Positive Ageing Published 3

Care Commission 3

Annual Report and Accounts 3

Care Commission Forum Event 3

Notification Forms 3

Water in Care Homes – Toolkit 3

Other 3

Scottish Statutory Instruments (SSIs) 3

wales 3

Welsh Assembly Government 3

Waiting Lists 3

Welsh Assembly 3

South Wales West Regional Committee 3

northern ireland 3

Other 3

Legislation 3

POLITICAL PARTIES 3

Liberal Democrats 3

Alzheimer’s 3

State of Social Care Report - Response 3

EUROPE 3

European Commission 3

Social Protection and Social Inclusion 3

OTHER 3

Employment Law 3

POVA Again 3

Events 3

Ageing Research and Occupational Therapy Workshop 3

Inquiries, Projects and Research 3

Alzheimer’s Patch? 3

Law Commission – Law Reform Consultation 3

Other 3

Lottery Funding for Intergenerational Work 3

SHIP – 2006 Equity Release Results 3

2


GOVERNMENT DEPARTMENTS

Department for Communities and Local Government (DCLG)

Unitary Authorities

Following the Government’s invitation in October 2006 for councils in two-tier areas to submit proposals for unitary status, the DCLG has received 26 proposals from councils in England wishing to become unitary authorities. Rt Hon Ruth Kelly MP, Communities Secretary, “welcomed the options for strong leadership, increased efficiency, better value for money and reduced council tax they potentially offer”. Five proposals have also been submitted, from the remaining two-tier areas, as pathfinders, new models of two-tier working.

The DCLG’s press release issued on 26 January lists the councils concerned.

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Department of Health (DH)

Abuse of Vulnerable Adults – Information Survey

DH Chief Executive Bulletin 353 advises that directors of adult social services are invited to arrange for completion of a survey to help The Information Centre for health and social care (IC) establish basic facts about services dealing with abuse of vulnerable adults. The survey will help inform the IC whether a future national collection is desirable and feasible. The IC wrote to all local authorities on 25 January; survey forms should be returned by 16 February 2007.

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Care Home Capital Grants Programme – LA Circular

DH has issued a local authority circular, LAC (2006)16: Capital grant for improving the care home environment for older people 2007-2008, which sets out the background to the £68 million capital grant funding announced in November 2006, the process to be followed and a breakdown by local authority. Though dated 20 December, DH publicised the circular in late January. The Registered Nursing Home Association welcomed the announcement, but expressed concern that local authorities might divert funds away from independent and voluntary sector care homes towards homes run by local authorities.

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Dignity in care

The Registered Nursing Home Association has strongly supported the idea of creating networks of “dignity champions” throughout the country. RNHA chief executive officer Frank Ursell said it hoped that the Department of Health’s Dignity in Care campaign would help to focus attention on the need for older people to be shown respect, suggesting that “For too long older people have been at the bottom of the pecking order in our society.” Noting that Health Minister Ivan Lewis is reported to have criticised poor quality meals served to older people in some NHS hospitals and care homes, he said that the RNHA was pressing for additional public investment in services for older people so that the amount of money available for catering can be increased.

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End of Life Care Strategy – Advisory Board

On 26 January, DH announced the membership of the End of Life Care Strategy Board Advisory Board members to support the development of the end of life care strategy for adults. On 29 January it was announced that Martin Green, Chief Executive of the English Community Care Association, had also been appointed to the Board.

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Equipment Provision in Local Authorities in England – Information Consultation

DH Chief Executive Bulletin 352 advises that directors of adult social services are invited to arrange for completion of a voluntary survey to help The Information Centre for health and social care (IC) develop information on the provision of community equipment such as stairlifts and hearing loops via Integrated Community Equipment Stores. The results of earlier surveys are also available.

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Mental Capacity Advocates – Guidance

On 10 January, DH published Adult protection, care reviews and Independent Mental Capacity Advocates (IMCA): Guidance on interpreting the regulations extending the IMCA role. The guidance is available here.

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Minister Appointed

Following Lord Warner’s retirement reported last month, on 5 January Lord Hunt of King’s Heath was appointed as Minister of State in the Department of Health, moving from the Department of Work and Pensions – which gave him just a weekend to prepare before taking the complex and controversial Mental Health Bill through its Lords Committee stage, which began on 8 January. Lord Hunt’s latest role in the DH is as Minister of State for Quality.

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National Framework for NHS Continuing Healthcare – Decision Support Tools

On 26 January, DH published on its Continuing Care web page revised draft versions of National Framework decision support tools, with the second draft of the Decision support tool and the first draft of the Referral tool (previously called the screening tool) now available. DH states that until the National Framework is introduced, these drafts are for discussion and do not form part of DH policy. Comments are informally invited over the next three months, including answers to the following questions:

For both tools:

· Are the layout and language of the tools clear?

· How easy is it to use the tools?

· Do the tools help explain a) the process of assessing eligibility for NHS Continuing Healthcare and b) eligibility decisions, especially to individuals who are being assessed and carers?

· Are the domains correct and helpful?

· Are there any care groups or health issues which the tool fails to address properly?

· Are there any overlaps between domains?

· How can we improve the tools?

For the referral tool in particular:

· We have moved from the name "screening" tool because this may give the wrong message about the purpose of this step, which is to ensure that individuals have access to a full consideration for continuing care on a properly reasoned basis. An individual is thus "referred" for full assessments according to their circumstances. Does referral give the right sense, or is there a better title for this stage?

· Bearing in mind that a decision to award Continuing Healthcare should be based on an assessment of needs and not purely on diagnosis, is the description we have used on the fast-tracking form clear? Would reference to a timescale for palliative care be helpful as part of that description?

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Recipe for Care

On 29 January, Professor Ian Philp, National Director for Older People, published his report, A Recipe for Care – Not a Single Ingredient: Clinical case for change, which sets out “the challenge ahead in looking after older people and why we need to change services to ensure they get the best possible care in the future”.

Professor Philp said, "What I am recommending is a five point plan to change older people's services for the better; early intervention, long-term conditions management, early supported discharge, acute hospital care when needed and partnership working. This is already happening in some areas but it needs to happen across the country”.

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Residential Care Charges – Consultation on Proposed Changes from April 2007

DH has opened consultation on proposed changes to the system for residential care charges to be made on 9 April 2007. The changes proposed include uplifts to the current levels of the Personal Expenses Allowance, Capital Limits and Savings Disregard. Other changes are proposed to take account of changes made by DWP in October 2006 in the Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (SI No. 2006/2378). Consultation opened on 18 January and will continue until 28 February 2007.

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Social Care Bulletin

Following the launch of a pilot edition in January 2006, DH has published the first issue of Social Care Bulletin, a quarterly “bulletin for all colleagues working in social care”. The lead story in the first issue urges councils to learn from POPPs pilots.

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Social Enterprise

On 24 January, Ivan Lewis MP, Care Services Minister announced £73 million funding for social enterprises over four years and also announced the list of 25 successful social enterprise pathfinders who can apply for a share of a £1 million pound start up fund. Applications for the programme had been invited in October 2006 and closed at the end of November.

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White Paper Summit

DH and CSIP have announced a White Paper Summit on Monday, 19 March, which will consider Our Health, Our Care, Our Say one year on from publication. The event, which will be held at the QEII Conference Centre in London, is intended for “senior people from Primary Care Trusts, Acute Trusts, and Local Authorities, together with key stakeholders in the public, private and third sector” with the aim of sharing progress and learning and accelerating local implementation. SHA chief executives and regional ADSS representatives have been asked to work jointly to nominate a party of 15 people from their SHA or region by 8 February 2007.

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Department of Trade and Industry (DTI)

Holiday Entitlement

On 11 January, the DTI launched a second public consultation on the implementation of the Government's proposals to increase workers' holiday entitlement from 20 days per year to 28. Statutory annual leave entitlement would be increased in two stages, rising from 20 to 24 days on 1 October 2007 and from 24 to 28 days on 1 October 2008. Consultation will close on 13 April 2007. The Written Ministerial Statement can be found here.

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National Minimum Wage and Penalties

On 9 January, the Government announced that is now its policy consistently to fine employers who pay their workers below the National Minimum Wage and defaulted on an official enforcement notice to repay arrears. The DTI has now published National Minimum Wage Enforcement: Penalty Notice Policy, which outlines the policy of enforcement by penalty notices. The penalty notice policy can be found here.

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Department for Work and Pensions (DWP)

Minister Appointed

On 9 January, Lord McKenzie of Luton was appointed as Parliamentary Under-Secretary of State at the DWP, replacing Lord Hunt of King’s Heath, who has joined the DH (see above). Although his specific responsibilities do not cover older people, he will speak on all DWP issues in the House of Lords.

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HM Revenue & Customs (HMRC)

Taxation of Retirement Annuities

From 6 April 2007, retirement annuities will be taxed through Pay As You Earn (PAYE); from January, HMRC will start sending out letters, leaflets and forms to pensioners who receive annuity income, to explain how the change will affect them. Currently, unless pensioners have told HMRC that they are not liable to pay any tax on their total income, the company paying their retirement annuity deducts basic rate income tax of 22%.

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HM Treasury

Financial Capability – Consultation

On 15 January, the Government set out its long-term approach to financial capability in Financial Capability: the Government's Long-Term Approach.

The report – a consultation paper - sets out the Government's long-term aspirations “to ensure that:

· all adults in the UK have access to high-quality generic financial advice to help them engage with their financial affairs and make effective decisions about their money;

· all children and young people have access to a planned and coherent programme of personal finance education, so that they leave school with the skills and confidence to manage their money well; and

· a range of Government programmes is focused on improving financial capability, particularly to help those who are most vulnerable to the consequences of poor financial decisions”.