Implementation of the Social Services and
Well-being (Wales) Act 2014 - Consultation on the regulations and code of practice in relation to Part 2 of the Act
A Response from Neath Port Talbot CVS
January 2015
Neath Port Talbot CVS
Tŷ Margaret Thorne
17-19 Alfred Street
Neath
SA11 1EF
A response to the Implementation of the Social Services and
Well-being (Wales) Act 2014 - Consultation on the regulations and code of practice in relation to Part 2 of the Act
Neath Port Talbot Council for Voluntary Service (CVS)
Neath Port Talbot CVS is the County Voluntary Council and a Charitable Company set up to promote, support and develop the Third Sector in Neath Port Talbot. It has over 500 member organisations and is in touch with over 1,000 Third Sector organisations operating in Neath Port Talbot.
The organisation has strong partnership links locally and regionally and works in a number of strategic areas, such as Health, Regeneration, Children & Young People.
As part of this work, Neath Port Talbot CVS facilitates the Regional Health, Social Care and Wellbeing Network and the Neath Port Talbot Health, Social Care and Wellbeing Forum. Neath Port Talbot CVS also promotes a range of health messages to its staff and to the wider community through its networks, newsletters, website and social media.
Neath Port Talbot CVS has made this consultation document available on its website and through its general information services.
Neath Port Talbot CVS welcomes the opportunity to respond to this consultation.
Response:
Neath Port Talbot CVS would like to make the following general comments regarding the consultation, prior to covering some of the specific questions posed.
- There is broad support in the Third Sector for the principles of the Act.
- There is concern that the implementation of the Act and the emphasis on preventative services will place significant increased demand on Third Sector organisations at a time when many are at saturation point, and have been impacted by funding cuts.
- The move towards preventative services is welcomed, however this needs to be supported with financial resource. Furthermore, there are often difficulties in securing funding for preventative services as it is challenging to evidence the benefits and impact of such services.
- There is a need to balance the use of national, regional and local Third Sector organisations. A reliance on regional or national organisations for information and advice can threaten the survival of smaller organisations, organisations which have a wealth of local knowledge and provide much needed support.
- Neath Port Talbot CVS supports the promotion of the Welsh Language and the rights of Welsh speakers, however a number of Third Sector organisations are concerned regarding the implementation of the Act and whether there would be a requirement on them to meet the same requirements as statutory services if they hold a service level agreement. This would prove a significant challenge, especially as many organisations locally do not have a demand for information in Welsh.
- With regards to the provision of information and advice, it is important to consider how and where people access advice, with many relying on family and friends and the internet. The services which are provided need to reflect this, but also take into account the needs of specific client groups.
- Whilst it is important that individuals have voice and control, there will be occasions where individuals feel able to engage, and other occasions where they feel unable or are not in a position to engage. This needs to be taken into account when engaging with individuals.
- Advocacy will be important in ensuring that service users are able to have their voices heard in designing services that meet their needs.
- As much as the Act places statutory requirements on local authorities, there needs to be a willingness for local authorities and their staff to work differently as required by the Act.
- There will be a need to consider how the implementation of the Act will be impacted by local government reorganisation.
Chapter 1: Well-being
1. To what extent do you agree that this chapter will support local authorities to promote well-being in undertaking their social services functions? What will further support this?
It will do so, however there is a need to engage widely with organisations, including those in Third Sector, which are already undertaking a range of well-being and preventative services.
2. To what extent do you agree that this chapter will support local authorities to deliver better well-being outcomes for people who need care and support and carers who need support? What else would help support and deliver this?
The tracking of well-being outcomes will require robust baseline information as a starting point for measuring progress. How is this to be developed?
3. To what extent do you agree that this chapter supports local authorities to empower people to have an equal relationship with social services?
The balance of power between service providers and service users is not about systems, it is about attitudes. A comprehensive training programme will be required to ensure that staff understand the new way of doing things. A change of culture, driven by committed management, will be as significant, if not more so, than the systems changes proposed in the Act.
It is important to note that community facilities are closing as a result of funding cuts, and this can make it more difficult to support people in their local community.
Chapter 2: Population Assessment
4. To what extent do you agree that the proposed structure of the population assessment report is clear and appropriate?
The proposed structure for the population assessment report is clear and appropriate.
5. To what extent do you agree that this chapter provides for an effective assessment of the support needs of carers?
Population assessments for carers are notoriously difficult to develop and also hard to interpret since the needs of carers vary greatly. Local carers’ services will be pivotal in helping to assess population needs for unpaid carers. It is also important to note that there can be a conflict between the needs of carers and the needs of individuals.
6. What arrangements should be put in place to further support those undertaking population assessments?
It is a requirement that population assessments are carried out jointly by local authorities and Local Health Boards, and that they need to engage with Third Sector organisations. However, it could be argued that there is a greater role for the Third Sector in assisting with the population assessments. In particular, Third Sector Infrastructure organisations, whose expertise in identifying areas of need and concern is considerable, would be able to provide significant support and assistance in this area.
7. To what extent do you agree that it is appropriate that population assessment reports are approved within local authorities by the full council on submission by the council’s executive or board?
Neath Port Talbot CVS feels that it is appropriate for population assessment reports to be approved by the full council.
8. To what extent do you agree that the role of the lead co-ordinating body is sufficiently clear?
The role of the lead co-ordinating body is not sufficiently clear.
Chapter 3: Preventative Services
9. To what extent do you agree that the requirements placed on local authorities to provide preventative services are clear?
They are clear, however in practical terms much of the work required by the Act in the area of prevention is already being undertaken, much of it by a wide range of third sector providers. The provisions of the Act should not require Local Authorities to
‘re-invent the wheel’ in terms of the prevention agenda. These provisions are not about a fresh start, they are about building upon what is out there and what already works. It is important to note that, in order to meet demand and ensure sustainability,Third Sector preventative services require investment.
10. To what extent do you agree that this chapter makes clear the requirement for preventative services to meet the needs identified in the population assessment undertaken as a result of section 14 of the Act?
The need for services (current and future) to be based on robust data based on population assessment data is clear here.
Chapter 4: Social Enterprises
11. To what extent do you agree that this chapter will support local authorities in their duty to promote social enterprises, co-operatives, user led services and the third sector?
The legal and governance arrangements for the above services are varied and complex. It is important that the promotion of existing and new organisational forms by local authorities is shared with local third sector infrastructure organisations so that both the scope and the appropriateness of specific proposals can be discussed and set in a strategic context.
It is worth noting that there is no funding through the Act to support the development of the third sector and social enterprise; this support will be essential to establishing new services. Given the funding cycles which impact on the third sector, the costs associated with re-establishing services that previously existed cannot be ignored. Furthermore, with the move to the tendering and commissioning of services, will local authorities be required to go with the cheapest provider, or will there by the option to go with the provider who provides the best value for money?
Clarity is required regarding the definition of co-operatives. In terms of legal structures, co-operatives are not necessarily unincorporated organisations, and could use other legal structures such as a Register Society structure.
12. To what extent do you agree that progress on promoting the duty in Section 16 should be reported as part of the overall requirement to report on the population assessment?
Neath Port Talbot CVS supports the intention that this duty should be reported on as part of the overall requirement to report on the population assessment.
13. To what extent do you agree that this chapter will support an environment where people can be supported to be involved in the design and delivery of services? What else would support this?
Service User involvement in co-production is not primarily about environment, it is about attitudes. A sea change in the approach to service provision, supported by innovative leadership, is required.
Chapter 5: Provision of information, advice and assistance
14. To what extent do you agree that the national standards for information, advice and assistance in this chapter will support local authorities to deliver a high quality Information, Advice and Assistance Service to all people?
This will be of value in setting benchmarks for minimum standards across Wales. However minimum standards should not be the lowest common denominator but should encourage best practice between authorities. It is important to note, that for many people, the local authority is not the first port of call for information, advice and assistance, with local people relying on family, friends and key contacts in local communities for the information and advice they need. The national standards therefore need to take account of how people wish to access information.
15. What more is needed in this chapter to ensure an Information, Advice and Assistance Service that is accessible and responsive to all people?
There is a risk that once such services are embedded in service provision it becomes a ‘service led’ rather than a ‘demand led’ provision, managing demand for the benefit of service providers rather than the other way round. Systems need to be in place to ensure that the service is outward rather than inward facing. The ‘independence’ of the service in its broadest sense will be a key factor in its success or failure.
There is a need to consider how people access information and advice, and to ensure that information and advice is provided in a way to meet these needs. There is a move to providing more and more information and advice online, however, there is a need to consider I.T skills and access to I.T equipment, with regards to individuals on a low income as well as those with a disability.
16. Are there elements of the Information, Advice and Assistance Service that could be better delivered through national collaboration between local authorities?
National collaboration risks losing the local perspective which is an essential component of an effective Information, Advice and Assistance Service. Any efficiencies achieved through joint working risk being offset by inefficiencies in provision locally which may result in poor communication, inappropriate signposting and duplication of effort.
There is also concern that the development of a national service will rely on the support of larger national organisations to the detriment of smaller voluntary organisations who provide much needed local information services.
16. Do you think that the proposals in this consultation will have any positive impacts on groups with protected characteristics? If so, which and why/why not?
If implemented correctly, the proposals will provide better information and a greater say in services for a range of vulnerable groups. The promotion of direct payments will also provide greater choice and flexibility for many people in need of services.
17. Do you think that the proposals in this consultation will have any negative impacts on groups with protected characteristics? If so, which and why/why not?
The provisions of the Act, coupled with the current challenging financial climate, are likely to reduce the availability of structured ‘heavy end’ services in favour of lower level early intervention and prevention services. This is likely to reduce choice for those service users who require a range of services including, on occasion, intensive support, such as those with mental health conditions.
18. Rebalancing the care and support system to deliver the new legal framework will require a reprioritisation of resources. What are the key actions that need to be taken to achieve this?
The vital requirement is that reprioritisation is undertaken in a structured and strategic way, and not as an ‘ad hoc ’response which is a mixture of local financial pressure and a rush to comply with the provisions of the Act. Well-being is a cross cutting theme and the actions of other areas of local authority provision in, for example closing libraries and community centres, limiting access to recreation through increased charges, reduced transport provision or the closure of facilities such as public toilets all reduce the resources available to sustain well-being. Such actions risk undermining the intention and spirit of the Act.
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