Social Services Bill consultation

Social services in Wales are due to undergo a major shake-up.
(Pic: Click on Wales)

Deputy Minister for Children & Social Services, Gwenda Thomas (Lab, Neath), launched the Welsh Government's consultation on a Social Services Bill last week. It's arguably the first "meaty" piece of legislation to be proposed as part of their legislative programme.

The consultation is open until June 1^st and all the information is here.

The Bill is expected to be laid in front of the Assembly in October this year, scheduled to become law in the first half of 2013. Once that happens the new Code of Practice and Regulations (outlined below) will be drawn up by the Welsh Government.

What's proposed?

• A new duty to enhance "wellbeing of people in need" i.e. Assess social care needs and arrange social care services for individuals.
• People "in need" will be given a legal definition and will include : children in care, adults reliant on social services, disabled children or a person (adult or child) in need of safeguarding.
• A new "code of practice" will be provided to local authorities regarding provision of services to people in need.
• A simplification of social service arrangements, as well as a legal definition of "social care services".
• Local authorities will be required to "provide information" to improve access to services and work with other agencies to deliver services, including the NHS.
• A statutory right to an "assessment of need" for individuals who require social care.
• Place a legal duty on local authorities to accept the needs assessment of a patient from another local authority within Wales, as well as arrange for the transfer of information, and cooperate with the NHS and other "delivery partners" to help smooth over a transfer of a service user between authorities.
• There'll be a legal duty placed on local authorities, and service providers, to prepare a "care and support plan" for a person assessed to be in need. Welsh Ministers will have the power to set regulations for this process.
• The creation of a "single eligibility threshold" for social services.
• Existing carer's legislation will be drawn together to create a single piece of law that enshrines carer's rights and the duties of local authorities in supporting them.
• Existing legislation on Direct Payments for social care will be drawn together. Welsh Ministers will be able to decide the clients and circumstances under which Direct Payments can be used, as well as regulations for them.
• The Public Service Obundsman for Wales will have their powers expanded to cover complaints against care homes, domiciliary care agencies and independent palliative care services.
• There'll be a general duty on Welsh Ministers to : encourage improvement in social care and social services, publish a review and statement of national outcomes in social services, specify performance standards , issue guidance on standards and prepare a Code of Practice for social care providers.
• Local authorities and care providers will be required to report publicly on their performance and appoint a Director of Social Services.
• Partnership and pooling of resources between local authorities will be strengthened. Welsh Ministers will be able to make regulations on local authority partnerships.
• A National Independent Safeguarding Board will be established, with executive powers and a national remit. Six Local Safeguarding Children Boards will also be established, alongside existing Adult Protection Boards.
• A new legal framework will be established for adult protection in Wales, including new legal definitions of "at risk" and "at harm" adults. There'll be a duty to investigate, intervene, share information, co-operate and report on allegations of abuse or harm.
• Social care workers will require professional regulation, with existing Care Council for Wales powers extended to cover care workers. Welsh Ministers will have the power to make regulations to reserve power to certain care staff, as well as regulations to decide what services are subject to inspection by social care regulators.
• Social care service providers will be required to register with the social care regulator. A new social care services public register will be set up. Welsh Ministers will also be able to require registered social care service providers to publish reports at specific times.
• "Minimum standards" will be removed from the Care Services Act 2000, to "move beyond a focus on a minimum standard of service delivery."
• A National Adoption Service will be established, formed from all local authorities, to provide certain adoption services.
• Welsh Ministers will be able to make regulations regarding continuing care for disabled children up to the age of 21.

What are the purported benefits of the new law?

• It gives a legal definition to "adults in need", so services would be integrated for both children and adults, changing it to "people in need".
• It should be clearer for people to understand what services are available should they need them.
• Individuals should be able to make clearer, informed choices about their social care needs.
• Assessment of need should lead to a clearer understanding amongst patients and care professionals and lead to reduced administrative burden on local authorities - including fewer complaints.
• When a person receiving social care/social services moves from one part of Wales to another, the transfer should be a lot easier and smoother. It should lead to administrative cost savings.
• Inconsistencies in care and support plans should be removed, more easily tailored to an individuals requirements and there'll be a much more simplified legal framework.
• A single eligibility threshold should provide greater transparency, uniformity and coherence across Wales when considering a persons eligibility for services.
• Changes to Direct Payment legislation will give individuals "more control over the design of their care packages."
• Those making complaints against independent palliative cares services would have access to advocacy services.
• Widening duties on Welsh Ministers and local authorities should lead to better targeted policy development, and a better targeting of resources at both local and national level.
• A new Code of Practice should have a positive impact on all social care users.
• Clearly appointed Director's of Social Services would lead to "more accountable" local services.
• There should be "great savings" in encouraging local authority partnerships.
• Day-to-day decisions on safeguarding will be independent and taken away from Welsh Ministers.
• Regulation of care workers should lead to increased professionalism, improved outcomes, improved standards and better training and resources.
• A public register will allow users to have up to date information on care services.
• The National Adoption Service will enhance efficiency, quality and equity. It will allow an early referral system to eradicate waiting lists for potential adopters.

Are there any other issues?

• Additional costs will fall on local authorities, but the impact is expected to be eased due to the integration of child and adult social services, which is hoped will provide cost savings.
• "Widening access" to social services will have an initial cost set up.
• The Carers Strategies (Wales) Measure 2010 will need to be amended, and new carer's rights will have additional costs – possibly outweighed by the social and financial gains of carer's being properly supported.
• A widening of the Public Services Obundsman's duties will have a cost impact.
• Changes to "transitional services" of disabled children until the age of 21 could have "unintended adverse affects" on any benefits they may receive - which are non-devolved.
• The Bill will have an impact on businesses, in particular those involved in social care. It would also have a significant impact on the public sector, especially local authorities. There will be some impact on the "Third Sector", but they are expected to broadly welcome the Bill.